[House Report 111-312]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-312
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
PUBLIC LANDS SERVICE CORPS ACT OF 2009
_______
October 23, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1612]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 1612) to amend the Public Lands Corps Act of 1993 to
expand the authorization of the Secretaries of Agriculture,
Commerce, and the Interior to provide service-learning
opportunities on public lands, help restore the Nation's
natural, cultural, historic, archaeological, recreational, and
scenic resources, train a new generation of public land
managers and enthusiasts, and promote the value of public
service, having considered the same, report favorably thereon
with amendment 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 ``Public Lands Service Corps Act of
2009''.
SEC. 2. REFERENCE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Public
Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.; title II of Public Law
91-378).
SEC. 3. AMENDMENTS TO THE PUBLIC LANDS CORPS ACT OF 1993.
(a) Name and Project Description Changes.--The Act is amended--
(1) by striking ``Public Lands Corps'' each place it appears
and inserting ``Public Lands Service Corps'';
(2) in the title heading, by striking ``PUBLIC LANDS CORPS''
and inserting ``PUBLIC LANDS SERVICE CORPS'';
(3) in the section 204--
(A) in the section heading, by striking ``PUBLIC
LANDS CORPS'' and inserting ``PUBLIC LANDS SERVICE
CORPS''; and
(B) in the heading of subsection (a), by striking
``Public Lands Corps'' and inserting ``Public Lands
Service Corps'';
(4) in the heading of paragraph (2) of section 210(a), by
striking ``Public lands corps'' and inserting ``Public lands
service corps'';
(5) by striking ``conservation center'' each place it appears
and inserting ``residential conservation center''; and
(6) by striking ``appropriate conservation projects'' each
place it appears (except in paragraph (1) of section 204(e) as
so redesignated) and inserting ``appropriate natural and
cultural resources conservation projects''.
(b) Findings.--Section 202(a) of the Act is amended as follows:
(1) In paragraph (1), by striking ``the natural and
cultural'' and inserting ``natural and cultural''.
(2) By redesignating paragraphs (2) and (3) as paragraphs (4)
and (5), respectively, and by inserting after paragraph (1) the
following:
``(2) Participants in conservation corps receive meaningful
training and their experience with such corps provides
preparation for careers in public service.
``(3) Young men and women who participate in the
rehabilitation and restoration of our Nation's natural,
cultural, historic, archaeological, recreational, and scenic
treasures will gain an increased appreciation and understanding
of our public lands and heritage, and of the value of public
service, and are likely to become life-long advocates for those
values.''.
(3) In paragraph (4) (as so redesignated), by inserting ``,
cultural, historic, archaeological, recreational, and scenic''
after ``Many facilities and natural''.
(4) By adding at the end the following:
``(6) The work of conservation corps can benefit communities
adjacent to public lands and facilities through renewed civic
engagement and participation by corps participants and those
they serve; improved student achievement; and restoration and
rehabilitation of public assets.''.
(c) Purpose.--Section 202(b) of the Act is amended to read as
follows:
``(b) Purposes.--The purposes of this Act are to--
``(1) introduce young men and women to public service while
furthering their understanding and appreciation of the Nation's
natural, cultural, historic, archaeological, recreational, and
scenic resources;
``(2) facilitate training and recruitment opportunities in
which service is credited as qualifying experience for careers
in public land management;
``(3) instill in a new generation of young men and women from
across the Nation, including those from diverse backgrounds,
the desire to seek careers in natural and cultural resource
stewardship and public service by allowing them to work
directly with professionals in agencies responsible for the
management of the Nation's natural, cultural, historic,
archaeological, recreational, and scenic resources;
``(4) perform, in a cost-effective manner, appropriate
natural and cultural resources conservation projects where such
projects are not being performed by existing employees;
``(5) assist governments and Indian tribes in performing
research and public education tasks associated with natural and
cultural resources;
``(6) expand educational opportunities by rewarding
individuals who participate in national service with an
increased ability to pursue higher education or job training;
and
``(7) promote public understanding and appreciation of the
individual missions and natural and cultural resources
conservation work of the Federal agencies through training
opportunities, community service and outreach, and other
appropriate means.''.
(d) Definitions.--Section 203 of the Act is amended as follows:
(1) By amending paragraphs (1) and (2) to read as follows:
``(1) Appropriate natural and cultural resources conservation
project.--The term `appropriate natural and cultural resources
conservation project' means any project for the conservation,
restoration, construction, or rehabilitation of natural,
cultural, historic, archaeological, recreational, or scenic
resources.
``(2) Corps and public lands service corps.--The terms
`Corps' and `Public Lands Service Corps' mean the Public Lands
Service Corps established under section 204 of this title.''.
(2) By striking paragraphs (3) and (8).
(3) By redesignating paragraphs (4), (5), (6), (7), (9),
(10), (11), (12), and (13) as paragraphs (3) through (11),
respectively.
(4) By amending paragraph (7) (as so redesignated) to read as
follows:
``(7) Public lands.--The term `public lands' means any lands
or waters (or interest therein) owned or administered by the
United States, including those areas of coastal and ocean
waters, the Great Lakes and their connecting waters, and
submerged lands over which the United States exercises
jurisdiction, except that such term does not include any Indian
lands.''.
(5) In paragraph (8) (as so redesignated)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) makes available for audit for each fiscal year
for which the qualified youth or conservation corps
receives Federal funds under this Act, information
pertaining to the expenditure of the funds, any
matching funds, and participant demographics.''.
(6) In paragraph (10) (as so redesignated)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) with respect to the National Marine Sanctuary
System, coral reefs, and other coastal, estuarine, and
marine habitats, and other lands and facilities
administered by the National Oceanic and Atmospheric
Administration, the Secretary of Commerce.''.
(7) By adding at the end the following:
``(12) Residential conservation centers.--The term
`residential conservation centers' means the facilities
authorized under section 205.
``(13) Consulting intern.--The term `consulting intern' means
a consulting intern selected under section 206.
``(14) Public lands service corps participant.--The term
`Public Lands Service Corps participant', `Corps participant'
or `participant of the Corps' means an individual who is
enrolled in the Public Lands Service Corps pursuant to section
204(b).''.
(e) Public Lands Service Corps Program.--Section 204 of the Act is
amended as follows:
(1) In subsection (a)--
(A) in the heading, by adding at the end ``Program'';
(B) by striking ``and the Department of Agriculture
a'' and inserting ``, the Department of Agriculture,
and the Department of Commerce a service and training
program titled the''; and
(C) by adding at the end the following: ``The
Secretary of the Interior shall establish a department-
level office to coordinate Public Lands Service Corps
activities within the Department of the Interior. The
Secretary of Agriculture shall establish within the
U.S. Forest Service an office to coordinate Public
Lands Service Corps activities within that agency. The
Secretary of Commerce shall establish within the
National Oceanic and Atmospheric Administration an
office to coordinate Public Lands Service Corps
activities within that agency. The Secretary of each
department shall designate a Public Lands Service Corps
coordinator for each agency within that department that
administers Public Lands Service Corps activities.''.
(2) By amending subsection (b) to read as follows:
``(b) Participants.--The Secretary may enroll in the Public Lands
Service Corps individuals between the ages of 16 and 25, inclusive, who
are either hired by an agency under the Secretary's jurisdiction to
perform work authorized under this Act or who are members of a
qualified youth or conservation corps with which the Secretary has
entered into a cooperative agreement to perform work authorized under
this Act. The Secretary may also enroll resource assistants and
consulting interns. All enrollees shall be considered Public Lands
Service Corps participants, and may be enrolled for a term of up to 24
months of service, which may be served over more than two calendar
years. The individuals may be enrolled without regard to the civil
service and classification laws, rules, or regulations of the United
States. The Secretary may establish a preference for the enrollment in
the Corps of individuals who are economically, physically, or
educationally disadvantaged.''.
(3) In subsection (c)--
(A) in paragraph (1)--
(i) by striking ``contracts and'';
(ii) by inserting ``natural and cultural
resources'' after ``appropriate''; and
(iii) by striking ``subsection (d)'' and
inserting ``subsection (e)'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Recruitment.--The Secretary shall undertake, or enter
into cooperative agreements to provide, a program to attract
eligible youth to the Corps by publicizing Corps opportunities
through high schools, colleges, employment centers, electronic
media, and other appropriate institutions or means.''; and
(D) by amending paragraph (3) (as so redesignated) to
read as follows:
``(3) Preference.--For purposes of entering into cooperative
agreements under paragraph (1), the Secretary may give
preference to qualified youth or conservation corps located in
a specific area that have a substantial portion of members who
are economically, physically, or educationally disadvantaged to
carry out projects within the area.''.
(4) By redesignating subsections (d) through (f) as
subsections (e) through (g), respectively.
(5) By inserting after subsection (c) the following:
``(d) Training.--The Secretary shall establish a training program
based at appropriate residential conservation centers or at other
suitable regional Federal or other appropriate facilities or sites to
provide training for Corps participants. The Secretary shall--
``(1) ensure that the duration and comprehensiveness of the
training program shall be commensurate with the projects Corps
participants are expected to undertake;
``(2) develop department-wide standards for the program that
include training in--
``(A) resource stewardship;
``(B) ethics for those in public service;
``(C) principles of national service;
``(D) health and safety;
``(E) teamwork and leadership; and
``(F) interpersonal communications;
``(3) direct each participating agency to develop agency-
specific training guidelines to ensure that Corps participants
enrolled to undertake projects for that agency are
appropriately informed about matters specific to that agency,
including--
``(A) the history and organization of the agency;
``(B) the agency's core values; and
``(C) any agency-specific standards for the
management of natural, cultural, historic,
archaeological, recreational, and scenic resources; and
``(4) take into account training already received by Corps
participants enrolled from qualified youth or conservation
corps, including in the matters outlined in paragraph (2).''.
(6) In subsection (e) (as so redesignated)--
(A) in paragraph (1)--
(i) by striking ``The Secretary may utilize
the Corps or any qualified youth or
conservation corps to carry out appropriate''
and inserting ``The Secretary may use Corps
participants to carry out, under appropriate
supervision and training, appropriate natural
and cultural resource''; and
(ii) by striking ``law on public lands.'' and
inserting the following: ``law. Such projects
may include, but are not limited to--
``(A) protection, restoration, or enhancement of
ecosystem components to promote species recovery,
improve biological diversity, enhance productivity and
carbon sequestration, and enhance adaptability and
resilience of public lands and resources in the face of
climate change and other natural and human
disturbances;
``(B) promoting the health of forests and public
lands, refuges, and coastal and marine areas,
including--
``(i) protection and restoration of
watersheds and forest, riparian, estuarine,
grassland, coral reef, intertidal, or other
habitat;
``(ii) reduction of wildfire risk and
mitigation of damage from insects, disease, and
disasters;
``(iii) erosion control;
``(iv) control or removal of invasive,
noxious, or non-native species; and
``(v) restoration of native species;
``(C) collection of biological, archaeological, and
other scientific data, including monitoring of
climatological information, species populations and
movement, habitat status, and other factors;
``(D) assisting in historical and cultural research,
archival and curatorial work, oral history projects,
documentary photography, and activities that support
the creation of public works of art related to public
lands; and
``(E) construction, repair, rehabilitation, green
building retrofitting, and maintenance of roads,
trails, campgrounds, and other facilities, employee
housing, cultural and historic sites and structures,
and facilities that further the purposes of the Public
Lands Service Corps.''.
(B) By redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively.
(C) By inserting after paragraph (1) the following:
``(2) Visitor services.--The Secretary may--
``(A) enter into or amend an existing cooperative
agreement with a cooperating association, educational
institute, friends group, or similar nonprofit partner
organization for the purpose of providing training and
work experience to Corps participants in areas
including, but not limited to, sales, office work,
accounting, and management provided that the work
experience directly relates to the protection and
management of the public lands; and
``(B) allow Corps participants to help promote
visitor safety and enjoyment of public lands, and
assist in the gathering of visitor use data.
``(3) Interpretation.--The Secretary may assign Corps
participants to provide interpretation or education services
for the public under the appropriate direction and supervision
of agency personnel, including--
``(A) providing orientation and information services
to visitors, including services for non-English
speaking visitors and visitors who use American Sign
Language;
``(B) assisting agency personnel in the delivery of
interpretive or educational programs, including outdoor
learning and classroom learning;
``(C) presenting programs on Federal lands or at
schools, after-school programs, and youth-serving
community programs that relate the personal experience
of the Corps participant for the purpose of promoting
public awareness of the Corps, its role in public land
management agencies, and its availability to potential
participants; and
``(D) creating nonpersonal interpretive products,
such as Web site content, Junior Ranger program books,
printed handouts, and audiovisual programs.''.
(D) In paragraph (4) (as so redesignated), by
striking ``Appropriate conservation projects'' and
inserting ``Appropriate natural and cultural resources
conservation projects''.
(7) In subsection (g) (as so redesignated), by striking
``appropriate conservation project'' inserting ``appropriate
natural and cultural resources conservation project''.
(8) By amending the text of subsection (f)(2) (as so
redesignated) to read as follows: ``will instill in Corps
participants a work ethic and a sense of public service;''.
(9) In subsection (g) (as so redesignated), by striking ``on
eligible service lands''.
(10) By adding at the end the following:
``(h) Other Participants.--The Secretary may allow volunteers from
other programs administered or designated by the Secretary to
participate as volunteers in projects carried out under this section on
such terms as the Secretary considers appropriate.''.
(f) Residential Conservation Centers and Program Support.--Section
205 of the Act is amended as follows:
(1) In the section heading, by striking ``CONSERVATION'' and
inserting ``RESIDENTIAL CONSERVATION''.
(2) In subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary may establish residential
conservation centers for--
``(A) such housing, food service, medical care,
transportation, and other services as the Secretary
deems necessary for the Public Lands Service Corps; and
``(B) the conduct of appropriate residential
conservation projects under this Act.'';
(B) by striking paragraph (2) and redesignating
paragraphs (3) and (4) as paragraphs (2) and (3),
respectively;
(C) in paragraph (2) (as so redesignated)--
(i) in the text, by inserting ``residential''
before ``conservation centers''; and
(ii) in the heading, by inserting
``residential'' before ``conservation
centers''; and
(D) in paragraph (3) (as so redesignated), by
striking ``with a State or'' and inserting ``a
cooperative agreement with another Federal, State,
or''.
(3) In subsection (b)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) The Secretary''; and
(B) by adding at the end the following:
``(2) The Secretary may make arrangements with other Federal
agencies, States, local governments, or private organizations
to provide temporary housing as needed and available.
``(3) In project areas where Corps participants can
reasonably be expected to reside at their own homes, the
Secretary may fund or provide transportation to and from
project sites.''.
(4) By redesignating subsection (d) as subsection (g).
(5) By inserting after subsection (c) the following:
``(d) Facilities.--The Secretary may, as an appropriate natural and
cultural resources conservation project, direct Corps participants to
aid in the rehabilitation or construction of residential conservation
center facilities, including housing.
``(e) Green Buildings.--The Secretary may seek the assistance of the
Secretary of Energy in identifying and using solar and other green
building technologies and modular housing designs that may be adapted
for residential conservation center facilities, including--
``(1) designs from the Department of Energy's Solar Decathlon
competition; and
``(2) logistical support, assistance, and training from Solar
Decathlon participants.
``(f) Mentors.--The Secretary may recruit from programs, such as
agency volunteer programs, and from agency retirees, veterans groups,
military retirees, active duty personnel, and from appropriate youth-
serving organizations, such adults as may be suitable and qualified to
provide training, mentoring, and crew-leading services to Corps
participants.''.
(6) In subsection (g) (as so redesignated), by striking ``are
appropriate to carry out this title'' and inserting ``the
Secretary determines to be necessary for the residential
conservation center''.
(g) Resource Assistants and Consulting Interns.--Section 206 of the
Act is amended as follows:
(1) In the section heading, by inserting ``AND CONSULTING
INTERNS'' before the period.
(2) In subsection (a), by striking ``The Secretary is
authorized to provide individual placements of resource'' and
inserting the following: ``The Secretary is authorized, to
provide individual placements of the following:
``(1) Resource''.
(3) By inserting after subsection (a)(1) (as so designated),
the following:
``(2) Consulting interns with any Federal land, coastal, or
ocean management agency under the jurisdiction of the Secretary
to carry out management analysis activities on behalf of the
agency. To be eligible for selection as a consulting intern, an
individual must be a current enrollee and have completed at
least one full year at a graduate or professional school that
has been accredited by an accrediting body that has been
recognized by the Secretary of Education. The Secretary may
select consulting interns without regard to the civil service
and classification laws, rules, or regulations of the United
States.''.
(4) In subsection (b)--
(A) by inserting ``or consulting interns'' before
``through private sources'';
(B) in the second sentence, before the period, by
inserting ``; up to 15 percent may be in-kind''; and
(C) by striking ``Resource Assistants'' and inserting
``resource assistants or consulting interns''.
(5) By adding at the end the following:
``(c) Cost Sharing Requirements.--At the Secretary's discretion, the
requirements for cost sharing applicable to participating nonprofit
organizations for the expenses of resource assistants and consulting
interns under subsection (b) may be reduced to not less than 10
percent.''.
(h) Technical Amendment.--The Act is amended by redesignating
sections 207, 208, 209, 210, and 211 as sections 208, 209, 210, 211,
and 212, respectively.
(i) Guidance.--The Act is amended by inserting after section 206 the
following:
``SEC. 207. GUIDANCE.
``Not later than 18 months after funds are made available for this
purpose, the Secretaries shall issue guidelines for the management of
the Public Lands Service Corps programs for use by regional and State
directors, and the supervisors of individual parks, forests, districts,
sanctuaries, reserves, hatcheries, and refuges.''.
(j) Living Allowances and Terms of Service.--Section 208 of the Act
(as so redesignated) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Living Allowances.--The Secretary shall provide each Corps
participant with a living allowance in an amount established by the
Secretary. The Secretary may--
``(1) apply a cost-of-living differential to such allowances;
and
``(2) reimburse Corps participants for travel costs at the
beginning and end of their term of service if the Secretary
deems appropriate.'';
(2) by amending the text of subsection (b) to read as
follows: ``Each Corp participant shall agree to participate in
the Corps for such term of service as may be established by the
Secretary enrolling or selecting the individual.'';
(3) in the heading of subsection (c), by adding at the end
``Preference and Future Employment''; and
(4) in subsection (c)--
(A) by amending paragraphs (1) and (2) to read as
follows:
``(1) grant to a participant of the Public Lands Service
Corps credit for service time in the Corps to be used as
qualifying experience toward future Federal hiring;
``(2) provide to a former participant of the Public Lands
Service Corps noncompetitive hiring status for a period of not
more than two years after the date on which the participant's
service with the Public Lands Service Corps is complete (not
counting any time spent enrolled in an academic institution or
trade school), if the candidate--
``(A) has served a minimum of 960 hours on an
appropriate natural or cultural resource conservation
project that included at least 120 hours through the
Public Lands Service Corps; and
``(B) meets Office of Personnel Management
qualification standards for the position to which the
candidate is applying;''; and
(B) by adding at the end the following:
``(3) develop a system to provide consideration for
participants who cannot meet the requirements of paragraph (2);
``(4) provide to an individual who has successfully fulfilled
the resource assistant program noncompetitive hiring status for
a period of not more than two years after the date on which the
individual has completed an undergraduate degree from an
accredited institution;
``(5) provide to an individual who has successfully fulfilled
the consulting internship program noncompetitive hiring status
for a period of not more than two years after the date on which
the individual has completed a graduate degree from an
accredited institution; and
``(6) provide, or enter into cooperative agreements with
qualified employment agencies to provide, alumni services such
as job and education counseling, referrals, verification of
service, communications, and other appropriate services to
participants who have completed their Corps service.''.
(k) National Service Educational Awards.--Section 209 of the Act (as
so redesignated) is amended--
(1) in subsection (a), by striking ``If a'' and all that
follows through ``shall be eligible'' and inserting ``If a
Corps participant also serves in an approved national service
position designated under subtitle C of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12571 et seq.),
the Corps participant shall be eligible''; and
(2) in subsection (b), by striking--
(A) ``either participants in the Corps or resource
assistants'' and inserting ``participants in the
Corps'' ; and
(B) ``or a resource assistant''.
(l) Nondisplacement.--Section 210 of the Act (as so redesignated) is
amended to read as follows:
``SEC. 210. NONDISPLACEMENT.
``The nondisplacement requirements of the National and Community
Service Act of 1990 shall be applicable to all activities carried out
by the Public Lands Service Corps participants.''.
(m) Funding.--Section 211 of the Act (as so redesignated) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``appropriate conservation project''
each place it appears and inserting ``appropriate
natural and cultural resources conservation project'';
and
(B) by adding at the end the following: ``The
Secretary may reduce to no less than 10 percent the
non-Federal costs of a project when the Secretary
determines that it is necessary to enable participation
in the Public Lands Service Corps from a greater range
of organizations.''; and
(2) in subsection (b)--
(A) by inserting ``program'' after ``Corps''; and
(B) by inserting ``, consulting interns'' before
``and qualified youth''.
(n) Authorization of Appropriations.--Section 212 of the Act (as so
redesignated) is amended--
(1) in subsection (a), by inserting ``to the Secretary''
after ``authorized to be appropriated'';
(2) in subsection (a), by striking ``to carry out'' the first
place it appears and all that follows through the period and
inserting ``such sums as may be necessary to carry out this
title.'';
(3) by striking subsection (b); and
(4) by redesignating subsection (c) as subsection (b).
Amend the title so as to read:
A bill to amend the Public Lands Corps Act of 1993 to
expand the authorization of the Secretaries of Agriculture,
Commerce, and the Interior to provide service opportunities for
young Americans; help restore the nation's natural, cultural,
historic, archaeological, recreational and scenic resources;
train a new generation of public land managers and enthusiasts;
and promote the value of public service.
Purpose of the Bill
The purpose of H.R. 1612, as ordered reported, is to amend
the Public Lands Corps Act of 1993 to expand the authorization
of the Secretaries of Agriculture, Commerce, and the Interior
to provide service opportunities for young Americans; help
restore the nation's natural, cultural, historic,
archaeological, recreational and scenic resources; train a new
generation of public land managers and enthusiasts; and promote
the value of public service.
Background and Need for Legislation
H.R. 1612 builds on the already successful, but
underfunded, program established in the Public Lands Corps Act
of 1993 (Sec. 105 of P.L. 103-82). That program has employed
thousands of young people to repair and restore our national
parks.
The program is currently authorized at $12 million annually
for conservation projects by Department of the Interior land
management agencies and the U.S. Forest Service. However, until
fiscal year 2009, no money had been appropriated for the
program. The National Park Service has utilized its authority
to use fee revenues for backlog maintenance work to finance
projects under the Public Lands Corps program. In fiscal year
2009, $2.5 million was appropriated for healthy forests
projects under the authority of 2005 amendments to the Public
Lands Corps Act (P.L. 109-154).
Committee Action
H.R. 1612 was introduced on March 19, 2009, by Natural
Resources Committee Chairman Nick J. Rahall II (D-WV) and
Subcommittee on National Parks, Forests and Public Lands
Chairman Raul Grijalva (D-AZ). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands.
On April 2, 2009, the Subcommittee held a hearing on the
bill. Representatives of the Departments of Agriculture and the
Interior testified in favor of H.R. 1612. The Subcommittee has
also received a letter of support from the Department of
Commerce.
On June 10, 2009, the Subcommittee was discharged from
further consideration of H.R. 1612 and the Full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Grijalva offered an amendment in the nature of a
substitute to clarify that the authorities granted in this bill
apply across the entire Department of the Interior, and ensure
that each Interior agency, as well as the Forest Service and
the National Oceanic and Atmospheric Administration (NOAA), may
engage in Public Land Service Corps activities, have a
coordinator assigned by the Secretary, and develop specific
training guidelines. Also at the request of the Administration,
the amendment in the nature of a substitute alters the cost-
sharing language for resource assistants and consulting
interns. The amendment in the nature of a substitute also made
technical, clarifying and conforming changes to the bill.
Representative Rob Bishop (R-UT) offered an amendment to
the amendment in the nature of a substitute to identify
projects under the Healthy Forests Restoration Act of 2003
(P.L. 108-148) as priority projects and direct that half the
funding appropriated for the Public Lands Service Corps be
directed to those priority projects. The amendment was not
agreed to by voice vote.
Representative Doc Hastings (R-WA) offered an amendment to
the amendment in the nature of a substitute to allow the
Secretary to grant an enrollment preference to residents of
counties eligible to receive funds under the Secure Rural
Schools Program (P.L. 106-393). The amendment was withdrawn.
Representative Bishop offered an amendment to the amendment
in the nature of a substitute to clarify that appropriate
natural and cultural resource conservation projects will take
place on public lands, and to clarify what constitutes a
preferred project. The amendment was withdrawn.
The amendment in the nature of a substitute was then agreed
to by voice vote, and H.R. 1612, as amended, was ordered
favorably reported to the House of Representatives by voice
vote.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that the bill may be cited as the
``Public Lands Service Corps Act of 2009.''
Section 2. Reference
Section 2 provides that all references to ``the Act'' in
this bill are references to the Public Lands Corps Act of 1993
(16 U.S.C. 1721 et seq.; title II of Public Law 91-378).
Section 3. Amendments to the Public Lands Corps Act of 1993
Section 3 renames the corps as the Public Lands Service
Corps, and makes numerous amendments to expand the scope of the
program by including all Interior Department agencies and the
National Oceanic and Atmospheric Administration (NOAA) of the
Department of Commerce. Current law applies only to the
National Park Service, the U.S. Fish and Wildlife Service, the
Bureau of Land Management and the Agriculture Department's U.S.
Forest Service.
Section 3(c) adds additional purposes to the act, including
instilling in a new generation of young people, including those
from diverse backgrounds, the desire to seek careers in natural
and cultural resource stewardship and public service by
allowing them to work directly with professionals in the
agencies responsible for managing the nation's natural,
cultural, historic, archaeological, recreational and scenic
resources.
Section 3(d) refines the definitions in the original act to
conform to the new version of the program, including making
clear that the ``appropriate natural and cultural resources
conservation projects'' authorized in the bill mean any project
for the conservation, restoration, construction or
rehabilitation of natural, cultural, historic, archaeological,
recreational, or scenic resources. This section also expands
the definition of public lands to include those areas of
coastal and ocean waters, the Great Lakes and their connecting
waters, and submerged lands over which the United States has
jurisdiction; and clarify that in the case of the National
Marine Sanctuary system and other lands and facilities
administered by NOAA, the term ``Secretary'' refers to the
Secretary of Commerce.
Section 3(e)(1) establishes the Public Lands Service Corps
and directs the Secretaries of Agriculture and Commerce to
establish a coordinating office and a coordinator for the corps
within the Forest Service and NOAA, respectively. For the
Department of the Interior, this provision directs the
Secretary to establish a department-wide coordinating office
and a coordinator for each agency that administers Corps
activities.
Section 3(e)(2) outlines who may be enrolled in the Corps,
allows the Secretaries to enter into agreements with qualified
youth or conservation corps to perform the projects authorized
under the bill.
Section 3(e)(3) directs the Secretaries to undertake, or
enter into cooperative agreements to provide, a recruiting
program to attract eligible youth to the program and allows the
Secretaries to give preference to qualified youth or
conservation corps from disadvantaged areas.
Section 3(e)(5) directs the Secretaries to establish
training programs based at residential conservation centers or
other appropriate facilities to ensure that, during their
service term, participants receive adequate training for the
work they have been assigned, including agency-specific
standards, principles and practices. This provision also
provides guidance as to the matters in which Corps participants
should be instructed.
Section 3(e)(6) modernizes the scope of eligible projects
that may be performed by Corps participants to reflect new
challenges, such as climate change.
Section 3(f) authorizes agencies to provide housing for
Corps participants, including allowing Corps participants to
construct such housing if needed. The Secretaries may also make
arrangements with other federal agencies, states, local
governments, or private organizations to provide temporary
housing as needed and available. The section also allows the
Secretaries to seek the assistance of the Secretary of Energy
in identifying and using solar and other green building design
for those residential conservation centers. This section also
allows the Secretaries to fund or provide transportation in
project areas where Corps participants can reasonably be
expected to reside at home.
Another provision of Section 3(f) authorizes agencies to
enlist current employees and volunteers, public lands agency
retirees, military personnel and/or veterans to serve as
mentors and allows agency volunteers to participate as crew
members on Corps projects.
Section 3(g) establishes a new category of Corps
participants, to be known as consulting interns, to carry out
management analysis activities for the agencies. The category,
aimed at graduate students, is similar to the existing category
of resource assistants, a position aimed at college students
who are selected to carry out research or resource activities
for the agencies.
Section 3(i) requires the Secretaries to issue guidelines
for the management of the Public Lands Service Corps for use by
agency managers.
Section 3(j) directs the Secretaries to provide each Corps
participant with a living allowance, to which the Secretaries
may apply a cost-of-living differential, and provide
reimbursement for transportation at the beginning and end of a
participant's term if appropriate. This section also broadens
existing preferential hire provisions and authorizes the
agencies to provide alumni services such as verification of
service and/or references for students and other appropriate
career development assistance.
Section 3(m) allows the Secretaries to reduce the existing
25 percent cost-share required of qualified youth or
conservation corps who are participating in a project to no
less than 10 percent if the Secretaries find the reduction is
needed to enable participation by a greater range of
organizations.
Section 3(n) repeals the $12 million appropriations ceiling
contained in existing law, and authorizes the appropriation to
the Secretaries of such sums as may be necessary to carry out
the legislation.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant 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
Public Lands Corps Act of 1993 to expand the authorization of
the Secretaries of Agriculture, Commerce, and the Interior to
provide service opportunities for young Americans; help restore
the nation's natural, cultural, historic, archaeological,
recreational and scenic resources; train a new generation of
public land managers and enthusiasts; and promote the value of
public service.
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:
H.R. 1612--Public Lands Service Corps Act of 2009
Summary: H.R. 1612 would amend the Public Lands Corps Act
of 1993, which governs programs that assist and employ young
adults to work on lands managed by the Department of the
Interior (DOI), the Forest Service, and other federal agencies.
Assuming appropriation of the necessary amounts, CBO estimates
that implementing the legislation would cost $120 million over
the 2010-2014 period. Enacting the bill would not affect
revenues or direct spending.
H.R. 1612 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.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1612 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--
---------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
----------------------------------------------------------------------------------------------------------------
Estimated Authorization Level............................... 30 30 30 30 30 150
Estimated Outlays........................................... 10 20 30 30 30 120
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
1612 will be enacted near the beginning of fiscal year 2010 and
that the amounts estimated to be necessary will be appropriated
for each year. Estimated outlays are based on historical
spending patterns for similar programs.
In addition to changing the name of the Public Lands Corps
(PLC) to the Public Lands Service Corps (PLSC), the bill would:
Expand the program to include the National
Oceanic and Atmospheric Administration (NOAA);
Require DOI to establish a department-level
office to coordinate PLSC programs among its various
bureaus;
Emphasize that training for participants
should be provided at federal residential centers;
Authorize federal appropriations to be used
for transportation subsidies; and
Eliminate the program's current
authorization ceiling of $12 million a year.
Public Lands Corps under current law
The Public Lands Corps is a network of young men and women,
most of whom are recruited by federal land management agencies
through nonprofit organizations such as the Student
Conservation Association and over 100 local conservation
service corps.
Several agencies, such as the U.S. Forest Service, the
National Park Service (NPS), the Bureau of Land Management
(BLM) and the U.S. Fish and Wildlife Service (USFWS), use
members of the corps and students from other programs to build
trails, perform maintenance, and carry out other projects in
exchange for benefits such as training, living allowances, and
medical care.
Existing corps programs vary by agency and funding source.
Currently, only the Forest Service receives specific
appropriations for some PLC projects, but the funding (less
than $3 million in 2009) may only be used for hazardous fuels
reduction. The NPS also receives funding for PLC projects, but
that funding is derived from recreation fees that the agency is
able to use without appropriations action. (The President's
2010 budget for the NPS requested $5 million of appropriated
funds to expand youth activities at parks.) Other agencies work
with student conservation groups using funds from their annual
operating budgets.
Public Lands Service Corps (PLSC)
H.R. 1612 would significantly expand PLC programs and
change the corps' name to the Public Lands Service Corps. Under
the bill, participants could receive classroom education, more
job training, transportation subsidies, housing during their
time in the program, and hiring preferences upon completion of
their tenure. The bill also would expand the types of
activities in which PLSC members could participate.
The effect of H.R. 1612 on discretionary spending is
uncertain, largely because total costs would depend on how the
Administration chooses to implement the legislation and on how
much funding the Congress would provide in appropriations acts.
Based on information provided by the affected agencies, CBO
expects that all of those agencies, including the newly added
NOAA, would take advantage of the authorities provided by the
bill.
For this estimate, CBO assumes that the land management
agencies and NOAA would, over the next five years, implement
H.R. 1612 by expanding their use of federal-nonprofit
partnerships. We expect that the affected agencies would need a
total of about $30 million annually for this purpose. Such
funding would allow agencies that have smaller PLSC programs
(including the USFWS and BLM) to expand their programs,
primarily by working with nonprofit corps in areas such as
wildlife refuges and national monuments. The funding would also
enable the Forest Service to expand the scope of its corps
programs to encompass more activities such as trail
construction and facility maintenance. This level of funding
also would allow the NPS to expand its existing program--the
largest of any of the agencies--using discretionary funding as
requested in the 2010 President's budget. The estimated annual
cost of $30 million also includes funds to operate an office at
DOI to coordinate the department's activities and to provide
participants with extra training, allowances, and
transportation subsidies.
CBO estimates that funding for the PLSC would grow after
2014 as the Administration uses the enhanced authorities
contained in the bill to recruit participants directly to
agency programs. CBO estimates that implementing the expanded
program would require a significant increase in funding after
2015.
This estimate is based on information provided by the NPS,
the Forest Service, BLM, and nonprofit organizations that
operate local conservation corps.
Intergovernmental and private-sector impact: H.R. 1612
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Marin Randall.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 1612 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
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):
PUBLIC LANDS CORPS ACT OF 1993
TITLE II--[PUBLIC LANDS CORPS] PUBLIC LANDS SERVICE CORPS
SEC. 201. SHORT TITLE.
This title may be cited as the ``[Public Lands Corps] Public
Lands Service Corps Act of 1993''.
SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Conserving or developing natural and cultural
resources and enhancing and maintaining environmentally
important lands and waters through the use of the
Nation's young men and women in a [Public Lands Corps]
Public Lands Service Corps can benefit those men and
women by providing them with education and work
opportunities, furthering their understanding and
appreciation of [the natural and cultural] natural and
cultural resources, and providing a means to pay for
higher education or to repay indebtedness they have
incurred to obtain higher education while at the same
time benefiting the Nation's economy and its
environment.
(2) Participants in conservation corps receive
meaningful training and their experience with such
corps provides preparation for careers in public
service.
(3) Young men and women who participate in the
rehabilitation and restoration of our Nation's natural,
cultural, historic, archaeological, recreational, and
scenic treasures will gain an increased appreciation
and understanding of our public lands and heritage, and
of the value of public service, and are likely to
become life-long advocates for those values.
[(2)] (4) Many facilities and natural, cultural,
historic, archaeological, recreational, and scenic
resources located on eligible service lands are in
disrepair or degraded and in need of labor intensive
rehabilitation, restoration, and enhancement work which
cannot be carried out by Federal agencies at existing
personnel levels.
[(3)] (5) Youth conservation corps have established a
good record of restoring and maintaining these kinds of
facilities and resources in a cost effective and
efficient manner, especially when they have worked in
partnership arrangements with government land
management agencies.
(6) The work of conservation corps can benefit
communities adjacent to public lands and facilities
through renewed civic engagement and participation by
corps participants and those they serve; improved
student achievement; and restoration and rehabilitation
of public assets.
[(b) Purpose.--It is the purpose of this title to--
[(1) perform, in a cost-effective manner, appropriate
natural and cultural resources conservation projects on
eligible service lands where such projects will not be
performed by existing employees;
[(2) assist governments and Indian tribes in
performing research and public education tasks
associated with natural and cultural resources on
eligible service lands;
[(3) expose young men and women to public service
while furthering their understanding and appreciation
of the Nation's natural and cultural resources;
[(4) expand educational opportunities by rewarding
individuals who participate in national service with an
increased ability to pursue higher education or job
training; and
[(5) stimulate interest among the Nation's young men
and women in conservation careers by exposing them to
conservation professionals in land managing agencies.]
(b) Purposes.--The purposes of this Act are to--
(1) introduce young men and women to public service
while furthering their understanding and appreciation
of the Nation's natural, cultural, historic,
archaeological, recreational, and scenic resources;
(2) facilitate training and recruitment opportunities
in which service is credited as qualifying experience
for careers in public land management;
(3) instill in a new generation of young men and
women from across the Nation, including those from
diverse backgrounds, the desire to seek careers in
natural and cultural resource stewardship and public
service by allowing them to work directly with
professionals in agencies responsible for the
management of the Nation's natural, cultural, historic,
archaeological, recreational, and scenic resources;
(4) perform, in a cost-effective manner, appropriate
natural and cultural resources conservation projects
where such projects are not being performed by existing
employees;
(5) assist governments and Indian tribes in
performing research and public education tasks
associated with natural and cultural resources;
(6) expand educational opportunities by rewarding
individuals who participate in national service with an
increased ability to pursue higher education or job
training; and
(7) promote public understanding and appreciation of
the individual missions and natural and cultural
resources conservation work of the Federal agencies
through training opportunities, community service and
outreach, and other appropriate means.
SEC. 203. DEFINITIONS.
For purposes of this title:
[(1) Appropriate conservation project.--The term
``appropriate conservation project'' means any project
for the conservation, restoration, construction or
rehabilitation of natural, cultural, historic,
archaeological, recreational, or scenic resources.
[(2) Corps and public lands corps.--The terms
``Corps'' and ``Public Lands Corps'' mean the Public
Lands Corps established under section 204.
[(3) Eligible service lands.--The term ``eligible
service lands'' means public lands, Indian lands, and
Hawaiian home lands.]
(1) Appropriate natural and cultural resources
conservation project.--The term ``appropriate natural
and cultural resources conservation project'' means any
project for the conservation, restoration,
construction, or rehabilitation of natural, cultural,
historic, archaeological, recreational, or scenic
resources.
(2) Corps and public lands service corps.--The terms
``Corps'' and ``Public Lands Service Corps'' mean the
Public Lands Service Corps established under section
204 of this title.
[(4)] (3) Hawaiian home lands.--The term ``Hawaiian
home lands'' means all lands given the status of
Hawaiian home lands under section 204 of the Hawaiian
Homes Commission Act, 1920 (42 Stat. 110), or under the
corresponding provision of the Constitution of the
State of Hawaii adopted under section 4 of the Act
entitled ``An Act to provide for the admission of the
State of Hawaii into the Union'', approved March 18,
1959 (Public Law 86-3; 73 Stat. 5).
[(5)] (4) Indian.--The term ``Indian'' means a person
who--
(A) * * *
* * * * * * *
[(6)] (5) Indian lands.--The term ``Indian lands''
means--
(A) * * *
* * * * * * *
[(7)] (6) Indian tribe.--The term ``Indian tribe''
means an Indian tribe, band, nation, or other organized
group or community, including any Native village,
Regional Corporation, or Village Corporation, as
defined in subsection (c), (g), or (j), respectively,
of section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602 (c), (g), or (j)), that is recognized
as eligible for the special programs and services
provided by the United States under Federal law to
Indians because of their status as Indians.
[(8) Priority project.--The term ``priority project''
means an appropriate conservation project conducted on
eligible service lands to further 1 or more of the
purposes of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6501 et seq.), as follows:
[(A) To reduce wildfire risk to a community,
municipal water supply, or other at-risk
Federal land.
[(B) To protect a watershed or address a
threat to forest and rangeland health,
including catastrophic wildfire.
[(C) To address the impact of insect or
disease infestations or other damaging agents
on forest and rangeland health.
[(D) To protect, restore, or enhance forest
ecosystem components to--
[(i) promote the recovery of
threatened or endangered species;
[(ii) improve biological diversity;
or
[(iii) enhance productivity and
carbon sequestration.
[(9) Public lands.--The term ``public lands'' means
any lands or waters (or interest therein) owned or
administered by the United States, except that such
term does not include any Indian lands.]
(7) Public lands.--The term ``public lands'' means
any lands or waters (or interest therein) owned or
administered by the United States, including those
areas of coastal and ocean waters, the Great Lakes and
their connecting waters, and submerged lands over which
the United States exercises jurisdiction, except that
such term does not include any Indian lands.
[(10)] (8) Qualified youth or conservation corps.--
The term ``qualified youth or conservation corps''
means any program established by a State or local
government, by the governing body of any Indian tribe,
or by a nonprofit organization that--
(A) * * *
(B) gives participants a mix of work
experience, basic and life skills, education,
training, and support services; [and]
(C) provides participants with the
opportunity to develop citizenship values and
skills through service to their community and
the United States[.]; and
(D) makes available for audit for each fiscal
year for which the qualified youth or
conservation corps receives Federal funds under
this Act, information pertaining to the
expenditure of the funds, any matching funds,
and participant demographics.
[(11)] (9) Resource assistant.--The term ``resource
assistant'' means a resource assistant selected under
section 206.
[(12)] (10) Secretary.--The term ``Secretary''
means--
(A) with respect to National Forest System
land, the Secretary of Agriculture; [and]
(B) with respect to Indian lands, Hawaiian
home lands, or land administered by the
Department of the Interior, the Secretary of
the Interior[.]; and
(C) with respect to the National Marine
Sanctuary System, coral reefs, and other
coastal, estuarine, and marine habitats, and
other lands and facilities administered by the
National Oceanic and Atmospheric
Administration, the Secretary of Commerce.
[(13)] (11) State.--The term ``State'' means any
State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Virgin
Islands of the United States, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(12) Residential conservation centers.--The term
``residential conservation centers'' means the
facilities authorized under section 205.
(13) Consulting intern.--The term ``consulting
intern'' means a consulting intern selected under
section 206.
(14) Public lands service corps participant.--The
term ``Public Lands Service Corps participant'',
``Corps participant'' or ``participant of the Corps''
means an individual who is enrolled in the Public Lands
Service Corps pursuant to section 204(b).
SEC. 204. [PUBLIC LANDS CORPS] PUBLIC LANDS SERVICE CORPS PROGRAM.
(a) Establishment of [Public Lands Corps] Public Lands
Service Corps Program.--There is hereby established in the
Department of the Interior [and the Department of Agriculture a
Public Lands Corps], the Department of Agriculture, and the
Department of Commerce a service and training program titled
the Public Lands Service Corps. The Secretary of the Interior
shall establish a department-level office to coordinate Public
Lands Service Corps activities within the Department of the
Interior. The Secretary of Agriculture shall establish within
the U.S. Forest Service an office to coordinate Public Lands
Service Corps activities within that agency. The Secretary of
Commerce shall establish within the National Oceanic and
Atmospheric Administration an office to coordinate Public Lands
Service Corps activities within that agency. The Secretary of
each department shall designate a Public Lands Service Corps
coordinator for each agency within that department that
administers Public Lands Service Corps activities.
[(b) Participants.--The Corps shall consist of individuals
between the ages of 16 and 25, inclusive, who are enrolled as
participants in the Corps by the Secretary. To be eligible for
enrollment in the Corps, an individual shall satisfy the
criteria specified in section 137(b) of the National and
Community Service Act of 1990. The Secretary may enroll such
individuals in the Corps without regard to the civil service
and classification laws, rules, or regulations of the United
States. The Secretary may establish a preference for the
enrollment in the Corps of individuals who are economically,
physically, or educationally disadvantaged.]
(b) Participants.--The Secretary may enroll in the Public
Lands Service Corps individuals between the ages of 16 and 25,
inclusive, who are either hired by an agency under the
Secretary's jurisdiction to perform work authorized under this
Act or who are members of a qualified youth or conservation
corps with which the Secretary has entered into a cooperative
agreement to perform work authorized under this Act. The
Secretary may also enroll resource assistants and consulting
interns. All enrollees shall be considered Public Lands Service
Corps participants, and may be enrolled for a term of up to 24
months of service, which may be served over more than two
calendar years. The individuals may be enrolled without regard
to the civil service and classification laws, rules, or
regulations of the United States. The Secretary may establish a
preference for the enrollment in the Corps of individuals who
are economically, physically, or educationally disadvantaged.
(c) Qualified Youth or Conservation Corps.--
(1) In general.--The Secretary is authorized to enter
into [contracts and] cooperative agreements with any
qualified youth or conservation corps to perform
appropriate natural and cultural resources conservation
projects referred to in [subsection (d)] subsection
(e).
(2) Recruitment.--The Secretary shall undertake, or
enter into cooperative agreements to provide, a program
to attract eligible youth to the Corps by publicizing
Corps opportunities through high schools, colleges,
employment centers, electronic media, and other
appropriate institutions or means.
[(2) Preference.--
[(A) In general.--For purposes of entering
into contracts and cooperative agreements under
paragraph (1), the Secretary may give
preference to qualified youth or conservation
corps located in a specific area that have a
substantial portion of members who are
economically, physically, or educationally
disadvantaged to carry out projects within the
area.
[(B) Priority projects.--In carrying out
projects in a specific area, the Secretary
shall, to the maximum extent practicable, give
preference to qualified youth or conservation
corps located in that specific area that have a
substantial portion of members who are
economically, physically, or educationally
disadvantaged.]
(3) Preference.--For purposes of entering into
cooperative agreements under paragraph (1), the
Secretary may give preference to qualified youth or
conservation corps located in a specific area that have
a substantial portion of members who are economically,
physically, or educationally disadvantaged to carry out
projects within the area.
(d) Training.--The Secretary shall establish a training
program based at appropriate residential conservation centers
or at other suitable regional Federal or other appropriate
facilities or sites to provide training for Corps participants.
The Secretary shall--
(1) ensure that the duration and comprehensiveness of
the training program shall be commensurate with the
projects Corps participants are expected to undertake;
(2) develop department-wide standards for the program
that include training in--
(A) resource stewardship;
(B) ethics for those in public service;
(C) principles of national service;
(D) health and safety;
(E) teamwork and leadership; and
(F) interpersonal communications;
(3) direct each participating agency to develop
agency-specific training guidelines to ensure that
Corps participants enrolled to undertake projects for
that agency are appropriately informed about matters
specific to that agency, including--
(A) the history and organization of the
agency;
(B) the agency's core values; and
(C) any agency-specific standards for the
management of natural, cultural, historic,
archaeological, recreational, and scenic
resources; and
(4) take into account training already received by
Corps participants enrolled from qualified youth or
conservation corps, including in the matters outlined
in paragraph (2).
[(d)] (e) Projects To Be Carried Out.--
(1) In general.--[The Secretary may utilize the Corps
or any qualified youth or conservation corps to carry
out appropriate] The Secretary may use Corps
participants to carry out, under appropriate
supervision and training, appropriate natural and
cultural resource conservation projects which the
Secretary is authorized to carry out under other
authority of [law on public lands.] law. Such projects
may include, but are not limited to--
(A) protection, restoration, or enhancement
of ecosystem components to promote species
recovery, improve biological diversity, enhance
productivity and carbon sequestration, and
enhance adaptability and resilience of public
lands and resources in the face of climate
change and other natural and human
disturbances;
(B) promoting the health of forests and
public lands, refuges, and coastal and marine
areas, including--
(i) protection and restoration of
watersheds and forest, riparian,
estuarine, grassland, coral reef,
intertidal, or other habitat;
(ii) reduction of wildfire risk and
mitigation of damage from insects,
disease, and disasters;
(iii) erosion control;
(iv) control or removal of invasive,
noxious, or non-native species; and
(v) restoration of native species;
(C) collection of biological, archaeological,
and other scientific data, including monitoring
of climatological information, species
populations and movement, habitat status, and
other factors;
(D) assisting in historical and cultural
research, archival and curatorial work, oral
history projects, documentary photography, and
activities that support the creation of public
works of art related to public lands; and
(E) construction, repair, rehabilitation,
green building retrofitting, and maintenance of
roads, trails, campgrounds, and other
facilities, employee housing, cultural and
historic sites and structures, and facilities
that further the purposes of the Public Lands
Service Corps.
(2) Visitor services.--The Secretary may--
(A) enter into or amend an existing
cooperative agreement with a cooperating
association, educational institute, friends
group, or similar nonprofit partner
organization for the purpose of providing
training and work experience to Corps
participants in areas including, but not
limited to, sales, office work, accounting, and
management provided that the work experience
directly relates to the protection and
management of the public lands; and
(B) allow Corps participants to help promote
visitor safety and enjoyment of public lands,
and assist in the gathering of visitor use
data.
(3) Interpretation.--The Secretary may assign Corps
participants to provide interpretation or education
services for the public under the appropriate direction
and supervision of agency personnel, including--
(A) providing orientation and information
services to visitors, including services for
non-English speaking visitors and visitors who
use American Sign Language;
(B) assisting agency personnel in the
delivery of interpretive or educational
programs, including outdoor learning and
classroom learning;
(C) presenting programs on Federal lands or
at schools, after-school programs, and youth-
serving community programs that relate the
personal experience of the Corps participant
for the purpose of promoting public awareness
of the Corps, its role in public land
management agencies, and its availability to
potential participants; and
(D) creating nonpersonal interpretive
products, such as Web site content, Junior
Ranger program books, printed handouts, and
audiovisual programs.
[(2)] (4) Projects on indian lands.--[Appropriate
conservation projects] Appropriate natural and cultural
resources conservation projects may also be carried out
under this title on Indian lands with the approval of
the Indian tribe involved and on Hawaiian home lands
with the approval of the Department of Hawaiian Home
Lands of the State of Hawaii.
[(3)] (5) Disaster prevention or relief projects.--
The Secretary may authorize [appropriate conservation
projects] appropriate natural and cultural resources
conservation projects and other appropriate projects to
be carried out on Federal, State, local, or private
land as part of a Federal disaster prevention or relief
effort.
[(e)] (f) Preference for Certain Projects.--In selecting
[appropriate conservation projects] appropriate natural and
cultural resources conservation projects to be carried out
under this title, the Secretary shall give preference to those
projects which--
(1) will provide long-term benefits to the public;
(2) [will instill in the enrollee involved a work
ethic and a sense of public service;] will instill in
Corps participants a work ethic and a sense of public
service;
* * * * * * *
[(f)] (g) Consistency.--Each [appropriate conservation
project] appropriate natural and cultural resources
conservation project carried out under this title [on eligible
service lands] shall be consistent with the provisions of law
and policies relating to the management and administration of
such lands, with all other applicable provisions of law, and
with all management, operational, and other plans and documents
which govern the administration of the area.
(h) Other Participants.--The Secretary may allow volunteers
from other programs administered or designated by the Secretary
to participate as volunteers in projects carried out under this
section on such terms as the Secretary considers appropriate.
SEC. 205. [CONSERVATION] RESIDENTIAL CONSERVATION CENTERS AND PROGRAM
SUPPORT.
(a) Establishment and Use.--
[(1) In general.--The Secretary may establish and use
conservation centers owned and operated by the
Secretary for--
[(A) use by the Public Lands Service Corps;
and
[(B) the conduct of appropriate natural and
cultural resources conservation projects under
this title.
[(2) Assistance for conservation centers.--The
Secretary may provide to a residential conservation
center established under paragraph (1) any services,
facilities, equipment, and supplies that the Secretary
determines to be necessary for the residential
conservation center.]
(1) In general.--The Secretary may establish
residential conservation centers for--
(A) such housing, food service, medical care,
transportation, and other services as the
Secretary deems necessary for the Public Lands
Service Corps; and
(B) the conduct of appropriate residential
conservation projects under this Act.
[(3)] (2) Standards for residential conservation
centers.--The Secretary shall--
(A) establish basic standards of health,
nutrition, sanitation, and safety for all
residential conservation centers established
under paragraph (1); and
* * * * * * *
[(4)] (3) Management.--As the Secretary determines to
be appropriate, the Secretary may enter into a contract
or other appropriate arrangement [with a State or] a
cooperative agreement with another Federal, State, or
local government agency or private organization to
provide for the management of a [conservation center]
residential conservation center.
(b) Logistical Support.--[The Secretary]
(1) The Secretary may make arrangements with the
Secretary of Defense to have logistical support
provided by the Armed Forces to the Corps and any
[conservation center] residential conservation center
established under this section, where feasible.
Logistical support may include the provision of
temporary tent shelters where needed, transportation,
and residential supervision.
(2) The Secretary may make arrangements with other
Federal agencies, States, local governments, or private
organizations to provide temporary housing as needed
and available.
(3) In project areas where Corps participants can
reasonably be expected to reside at their own homes,
the Secretary may fund or provide transportation to and
from project sites.
* * * * * * *
(d) Facilities.--The Secretary may, as an appropriate natural
and cultural resources conservation project, direct Corps
participants to aid in the rehabilitation or construction of
residential conservation center facilities, including housing.
(e) Green Buildings.--The Secretary may seek the assistance
of the Secretary of Energy in identifying and using solar and
other green building technologies and modular housing designs
that may be adapted for residential conservation center
facilities, including--
(1) designs from the Department of Energy's Solar
Decathlon competition; and
(2) logistical support, assistance, and training from
Solar Decathlon participants.
(f) Mentors.--The Secretary may recruit from programs, such
as agency volunteer programs, and from agency retirees,
veterans groups, military retirees, active duty personnel, and
from appropriate youth-serving organizations, such adults as
may be suitable and qualified to provide training, mentoring,
and crew-leading services to Corps participants.
[(d)] (g) Assistance.--The Secretary may provide any
services, facilities, equipment, supplies, technical
assistance, oversight, monitoring, or evaluations that [are
appropriate to carry out this title] the Secretary determines
to be necessary for the residential conservation center.
SEC. 206. RESOURCE ASSISTANTS AND CONSULTING INTERNS.
(a) Authorization.--[The Secretary is authorized to provide
individual placements of resource] The Secretary is authorized,
to provide individual placements of the following:
(1) Resource assistants with any Federal land
managing agency under the jurisdiction of the Secretary
to carry out research or resource protection activities
on behalf of the agency. To be eligible for selection
as a resource assistant, an individual must be at least
17 years of age. The Secretary may select resource
assistants without regard to the civil service and
classification laws, rules, or regulations of the
United States. The Secretary shall give a preference to
the selection of individuals who are enrolled in an
institution of higher education or are recent graduates
from an institution of higher education, with
particular attention given to ensure full
representation of women and participants from
historically black, Hispanic, and Native American
schools.
(2) Consulting interns with any Federal land,
coastal, or ocean management agency under the
jurisdiction of the Secretary to carry out management
analysis activities on behalf of the agency. To be
eligible for selection as a consulting intern, an
individual must be a current enrollee and have
completed at least one full year at a graduate or
professional school that has been accredited by an
accrediting body that has been recognized by the
Secretary of Education. The Secretary may select
consulting interns without regard to the civil service
and classification laws, rules, or regulations of the
United States.
(b) Use of Existing Nonprofit Organizations.--Whenever one or
more existing nonprofit organizations can provide, in the
judgment of the the Secretary, appropriate recruitment and
placement services to fulfill the requirements of this section,
the Secretary may implement this section through such existing
organizations. Participating nonprofit organizations shall
contribute to the expenses of providing and supporting the
resource assistants, or consulting interns through private
sources of funding, at a level equal to 25 percent of the total
costs of each participant in the Resource Assistant program who
has been recruited and placed through that organization; up to
15 percent may be in-kind. Any such participating nonprofit
conservation service organization shall be required, by the
respective land managing agency, to submit an annual report
evaluating the scope, size, and quality of the program,
including the value of work contributed by the [Resource
Assistants] resource assistants or consulting interns, to the
mission of the agency.
(c) Cost Sharing Requirements.--At the Secretary's
discretion, the requirements for cost sharing applicable to
participating nonprofit organizations for the expenses of
resource assistants and consulting interns under subsection (b)
may be reduced to not less than 10 percent.
SEC. 207. GUIDANCE.
Not later than 18 months after funds are made available for
this purpose, the Secretaries shall issue guidelines for the
management of the Public Lands Service Corps programs for use
by regional and State directors, and the supervisors of
individual parks, forests, districts, sanctuaries, reserves,
hatcheries, and refuges.
SEC. [207.] 208. LIVING ALLOWANCES AND TERMS OF SERVICE.
[(a) Living Allowances.--The Secretary shall provide each
participant in the Public Lands Service Corps and each resource
assistant with a living allowance in an amount established by
the Secretary.]
(a) Living Allowances.--The Secretary shall provide each
Corps participant with a living allowance in an amount
established by the Secretary. The Secretary may--
(1) apply a cost-of-living differential to such
allowances; and
(2) reimburse Corps participants for travel costs at
the beginning and end of their term of service if the
Secretary deems appropriate.
(b) Terms of Service.--[Each participant in the Corps and
each resource assistant shall agree to participate in the Corps
or serve as a resource assistant, as the case may be, for such
term of service as may be established by the Secretary
enrolling or selecting the individual.] Each Corp participant
shall agree to participate in the Corps for such term of
service as may be established by the Secretary enrolling or
selecting the individual.
(c) Hiring Preference and Future Employment.--The Secretary
may--
[(1) grant to a member of the Public Lands Service
Corps credit for time served with the Public Lands
Service Corps, which may be used toward future Federal
hiring; and
[(2) provide to a former member of the Public Lands
Service Corps noncompetitive hiring status for a period
of not more than 120 days after the date on which the
member's service with the Public Lands Service Corps is
complete.]
(1) grant to a participant of the Public Lands
Service Corps credit for service time in the Corps to
be used as qualifying experience toward future Federal
hiring;
(2) provide to a former participant of the Public
Lands Service Corps noncompetitive hiring status for a
period of not more than two years after the date on
which the participant's service with the Public Lands
Service Corps is complete (not counting any time spent
enrolled in an academic institution or trade school),
if the candidate--
(A) has served a minimum of 960 hours on an
appropriate natural or cultural resource
conservation project that included at least 120
hours through the Public Lands Service Corps;
and
(B) meets Office of Personnel Management
qualification standards for the position to
which the candidate is applying;
(3) develop a system to provide consideration for
participants who cannot meet the requirements of
paragraph (2);
(4) provide to an individual who has successfully
fulfilled the resource assistant program noncompetitive
hiring status for a period of not more than two years
after the date on which the individual has completed an
undergraduate degree from an accredited institution;
(5) provide to an individual who has successfully
fulfilled the consulting internship program
noncompetitive hiring status for a period of not more
than two years after the date on which the individual
has completed a graduate degree from an accredited
institution; and
(6) provide, or enter into cooperative agreements
with qualified employment agencies to provide, alumni
services such as job and education counseling,
referrals, verification of service, communications, and
other appropriate services to participants who have
completed their Corps service.
SEC. [208.] 209. NATIONAL SERVICE EDUCATIONAL AWARDS.
(a) Educational Benefits and Awards.--[If a participant in
the Public Lands Corps or a resource assistant also serves in
an approved national service position designated under subtitle
C of title I of the National and Community Service Act of 1990,
the participant or resource assistant shall be eligible] If a
Corps participant also serves in an approved national service
position designated under subtitle C of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12571 et seq.),
the Corps participant shall be eligible for a national service
educational award in the manner prescribed in subtitle D of
such title upon successfully complying with the requirements
for the award. The period during which the national service
educational award may be used, the purposes for which the award
may be used, and the amount of the award shall be determined as
provided under such subtitle.
(b) Forbearance in the Collection of Stafford Loans.--For
purposes of section 428 of the Higher Education Act of 1965, in
the case of borrowers who are [either participants in the Corps
or resource assistants] participants in the Corps, upon written
request, a lender shall grant a borrower forbearance on such
terms as are otherwise consistent with the regulations of the
Secretary of Education, during periods in which the borrower is
serving as such a participant [or a resource assistant].
[SEC. 209. NONDISPLACEMENT.
[The nondisplacement requirements of section 177 of the
National and Community Service Act of 1990 shall be applicable
to all activities carried out by the Public Lands Service
Corps, to all activities carried out under this title by a
qualified youth or conservation corps, and to the selection and
service of resource assistants.]
SEC. 210. NONDISPLACEMENT.
The nondisplacement requirements of the National and
Community Service Act of 1990 shall be applicable to all
activities carried out by the Public Lands Service Corps
participants.
SEC. [210.] 211. FUNDING.
(a) Cost Sharing.--
(1) Projects by qualified youth or conservation
corps.--The Secretary is authorized to pay not more
than 75 percent of the costs of any [appropriate
conservation project] appropriate natural and cultural
resources conservation project carried out pursuant to
this title on public lands by a qualified youth or
conservation corps. The remaining 25 percent of the
costs of such a project may be provided from nonfederal
sources in the form of funds, services, facilities,
materials, equipment, or any combination of the
foregoing. No cost sharing shall be required in the
case of any [appropriate conservation project]
appropriate natural and cultural resources conservation
project carried out on Indian lands or Hawaiian home
lands under this title. The Secretary may reduce to no
less than 10 percent the non-Federal costs of a project
when the Secretary determines that it is necessary to
enable participation in the Public Lands Service Corps
from a greater range of organizations.
(2) [Public lands corps] Public lands service corps
projects.--The Secretary is authorized to accept
donations of funds, services, facilities, materials, or
equipment for the purposes of operating the [Public
Lands Corps] Public Lands Service Corps and carrying
out [appropriate conservation projects] appropriate
natural and cultural resources conservation projects by
the Corps. However, nothing in this title shall be
construed to require any cost sharing for any project
carried out directly by the Corps.
(b) Funds Available Under National and Community Service
Act.--In order to carry out the [Public Lands Corps] Public
Lands Service Corps program or to support resource assistants,
consulting interns and qualified youth or conservation corps
under this title, the Secretary shall be eligible to apply for
and receive assistance under section 121(b) of the National and
Community Service Act of 1990.
(c) Other Funds.--Amounts appropriated pursuant to the
authorization of appropriations under section 211 are in
addition to amounts allocated to the [Public Lands Corps]
Public Lands Service Corps through other Federal programs or
projects.
SEC. [211.] 212. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated [to
carry out this title $12,000,000 for each fiscal year, of which
$8,000,000 is authorized to carry out priority projects and
$4,000,000 of which is authorized to carry out other
appropriate conservation projects.] to the Secretary such sums
as may be necessary to carry out this title.
[(b) Disaster Relief or Prevention Projects.--Notwithstanding
subsection (a), any amounts made available under that
subsection shall be available for disaster prevention or relief
projects.]
[(c)] (b) Availability of Funds.--Notwithstanding any other
provision of law, amounts appropriated for any fiscal year to
carry out this title shall remain available for obligation and
expenditure until the end of the fiscal year following the
fiscal year for which the amounts are appropriated.
ADDITIONAL VIEWS
H.R. 1612 expands the ability of the Secretary of the
Interior to recruit young people and improve living conditions
for the participants in the program. We support the goals of
this program and want to encourage public participation in the
care of America's vast expanse of public lands. Many facilities
on our public lands are in need of improvement and a job corps
program, if wisely managed, can be a cost-effective way of
restoring public lands for the use and enjoyment of all
Americans.
However, despite efforts made at full committee markup and
agreements on several points of conflict with the Majority, we
remain concerned that this legislation backtracks on previous
commitments in this program to address deteriorating conditions
in our forests by committing at least half of the funds to
projects under the Healthy Forest Restoration Act of 2003
(HRFA).
As this Public Lands Job Corps program is currently
devised, it places the highest priority on helping to create a
new generation of land managers who would have the training and
proper understanding of how to prevent catastrophic wildfires.
It was understood that the best way of doing this was using
this program to help implement the Healthy Forest Restoration
Act. HFRA was passed with bipartisan support, including support
from Democrats who are sitting on this Committee today, and
five current Chairmen. Unfortunately, this legislation strips
out any reference to HFRA in this Act. This is harmful to
forest health, unfair to the timber dependent communities that
have been hurt by unwise federal policies and dangerous to our
federal land neighbors now exposed to increased fire danger.
We are also deeply concerned that the recent CBO scoring of
this bill estimates that implementing the legislation would
cost $120 million over the 2010-2014 period--a huge increase
over current spending levels and the President's requested
amount.
Mr. Bishop offered an amendment that would have made
wildfire prevention a priority by putting back in a reference
to HFRA and set at a minimum of 50% of the funding to go to
promotion of the health of our public lands. This is a step,
admittedly a small one, in the right direction when it comes to
fighting catastrophic wildfires. Unfortunately, this thoughtful
amendment was defeated by the Majority, and the legislation
moves to the House of Representatives without appropriate
requirements to steer funds to where they are critically
needed.
We hope that with a thorough debate, under an open rule on
the Floor, we will be able to remedy this flaw and send an
improved bill to the Senate.
Doc Hastings.
Rob Bishop.