[Senate Report 115-420]
[From the U.S. Government Publishing Office]
Calendar No. 711
115th Congress } { Report
SENATE
2d Session } { 115-420
======================================================================
21ST CENTURY CONSERVATION SERVICE CORPS ACT
_______
December 6, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 1403]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1403) to amend the Public Lands Corps Act
of 1993 to establish the 21st Century Conservation Service
Corps to place youth and veterans in national service positions
to conserve, restore, and enhance the great outdoors of the
United States, and for other purposes, having considered the
same, reports favorably thereon with an amendment in the nature
of a substitute and recommends that the bill, as amended, do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Conservation Service
Corps Act''.
SEC. 2. DEFINITIONS.
Section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)
is amended--
(1) in paragraph (2), by striking ``under section 204'' and
inserting ``by section 204(a)(1)'';
(2) by redesignating paragraphs (8) through (13) as
paragraphs (9) through (14), respectively;
(3) by inserting after paragraph (7) the following:
``(8) Institution of higher education.--
``(A) In general.--The term `institution of higher
education' has the meaning given the term in section
102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
``(B) Exclusion.--The term `institution of higher
education' does not include--
``(i) an institution described in section
101(b) of the Higher Education Act of 1965 (20
U.S.C. 1001(b)); or
``(ii) an institution outside the United
States, as described in section 102(a)(1)(C) of
the Higher Education Act of 1965 (20 U.S.C.
1002(a)(1)(C)).'';
(4) in paragraph (9) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by
striking ``, as follows'' and inserting ``and other
conservation and restoration initiatives, as follows'';
and
(B) by adding at the end the following:
``(E) To protect, restore, or enhance marine,
estuarine, riverine, and coastal habitat ecosystem
components--
``(i) to promote the recovery of threatened
species, endangered species, and managed
fisheries;
``(ii) to restore fisheries, protected
resources, and habitats impacted by oil and
chemical spills and natural disasters; or
``(iii) to enhance the resilience of coastal
ecosystems, communities, and economies through
habitat conservation.'';
(5) in subparagraph (A) of paragraph (11) (as so
redesignated), by striking ``individuals between the ages of 16
and 30, inclusive,'' and inserting ``individuals between the
ages of 16 and 30, inclusive, or veterans age 35 or younger'';
(6) in paragraph (13) (as so redesignated)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end 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 land and facilities
administered by the National Oceanic and Atmospheric
Administration, the Secretary of Commerce.''; and
(7) by adding at the end the following:
``(15) Veteran.--The term `veteran' has the meaning given the
term in section 101 of title 38, United States Code.''.
SEC. 3. PUBLIC LANDS CORPS PROGRAM.
Section 204 of the Public Lands Corps Act of 1993 (16 U.S.C. 1723)
is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Establishment of Public Lands Corps.--
``(1) In general.--There is established in the Department of
the Interior, the Department of Agriculture, and the Department
of Commerce a corps, to be known as the `Public Lands Corps''.
``(2) No effect on other agencies.--Nothing in this
subsection precludes the establishment of a public lands corps
by the head of a Federal department or agency other than a
department described in paragraph (1), in accordance with this
Act.''; and
(2) in subsection (b)--
(A) in the first sentence, by striking ``individuals
between the ages of 16 and 30, inclusive,'' and
inserting ``individuals between the ages of 16 and 30,
inclusive, and veterans age 35 or younger''; and
(B) in the second sentence, by striking ``section
137(b) of the National and Community Service Act of
1990'' and inserting ``paragraphs (1), (2), (4), and
(5) of section 137(a) of the National and Community
Service Act of 1990 (42 U.S.C. 12591(a))''.
SEC. 4. TRANSPORTATION.
Section 205 of the Public Lands Corps Act of 1993 (16 U.S.C. 1724)
is amended by adding at the end the following:
``(e) Transportation.--The Secretary may provide to Corps
participants who reside in their own homes transportation to and from
appropriate conservation project sites.''.
SEC. 5. RESOURCE ASSISTANTS.
(a) In General.--Section 206(a) of the Public Lands Corps Act of
1993 (16 U.S.C. 1725(a)) is amended by striking the first sentence and
inserting the following: ``The Secretary may provide individual
placements of resource assistants to carry out research or resource
protection activities on behalf of the Secretary.''.
(b) Direct Hire Authority.--Section 121(a) of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2012
(16 U.S.C. 1725a), is amended--
(1) in paragraph (1)--
(A) by striking ``Secretary of the Interior'' and
inserting ``Secretary (as defined in section 203 of the
Public Lands Corps Act of 1993 (16 U.S.C. 1722))'';
(B) by striking ``paragraph (1)'' and inserting
``paragraph (2)''; and
(C) by striking ``with a land managing agency of the
Department of the Interior''; and
(2) in paragraph (2)(A), by striking ``with a land managing
agency'' and inserting ``with the Secretary (as so defined)''.
SEC. 6. COMPENSATION AND EMPLOYMENT STANDARDS.
Section 207 of the Public Lands Corps Act of 1993 (16 U.S.C. 1726)
is amended--
(1) by striking the section heading and inserting
``compensation and terms of service'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Educational Credit.--The Secretary may provide a Corps
participant with an educational credit that may be applied towards a
program of postsecondary education at an institution of higher
education that agrees to award the credit for participation in the
Corps.'';
(4) in subsection (c) (as so redesignated)--
(A) by striking ``Each participant'' and inserting
the following:
``(1) In general.--Each participant''; and
(B) by adding at the end the following:
``(2) Indian youth service corps.--With respect to the Indian
Youth Service Corps established under section 210, the
Secretary shall establish the term of service of participants
in consultation with the affected Indian tribe.'';
(5) in subsection (d) (as so redesignated)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
the subparagraphs appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(C) by adding at the end the following:
``(2) Time-limited appointment.--For purposes of section 9602
of title 5, United States Code, a former member of the Corps
hired by the Secretary under paragraph (1)(B) for a time-
limited appointment shall be considered to be appointed
initially under open, competitive examination.''; and
(6) by adding at the end the following:
``(e) Applicability to Qualified Youth or Conservation Corps.--The
hiring and compensation standards described in this section shall apply
to any individual participating in an appropriate conservation project
through a qualified youth or conservation corps, including an
individual placed through a contract or cooperative agreement, as
approved by the Secretary.''.
SEC. 7. REPORTING AND DATA COLLECTION.
Title II of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et
seq.) is amended--
(1) by redesignating sections 209 through 211 as sections 211
through 213, respectively;
(2) by inserting after section 208 the following:
``SEC. 209. REPORTING AND DATA COLLECTION.
``(a) Report.--Not later than 2 years after the date of enactment
of the 21st Century Conservation Service Corps Act, and annually
thereafter, the Chief Executive Officer of the Corporation for National
and Community Service, in coordination with the Secretaries, shall
submit to Congress a report that includes data on the Corps,
including--
``(1) the number of participants enrolled in the Corps and
the length of the term of service for each participant;
``(2) the projects carried out by Corps participants,
categorized by type of project and Federal agency;
``(3) the total amount and sources of funding provided for
the service of participants;
``(4) the type of service performed by participants and the
impact and accomplishments of the service; and
``(5) any other similar data determined to be appropriate by
the Chief Executive Officer of the Corporation for National and
Community Service or the Secretaries.
``(b) Data.--Not later than 1 year after the date of enactment of
the 21st Century Conservation Service Corps Act, and annually
thereafter, the Secretaries shall submit to the Chief Executive Officer
of the Corporation for National and Community Service the data
described in subsection (a).
``(c) Data Collection.--The Chief Executive Officer of the
Corporation for National and Community Service may coordinate with
qualified youth or conservation corps to improve the collection of the
required data described in subsection (a).
``(d) Coordination.--
``(1) In general.--The Secretaries shall, to the maximum
extent practicable, coordinate with each other to carry out
activities authorized under this Act, including--
``(A) the data collection and reporting requirements
of this section; and
``(B) implementing and issuing guidance on
eligibility for noncompetitive hiring status under
section 207(d).
``(2) Designation of coordinators.--The Secretary shall
designate a coordinator to coordinate and serve as the primary
point of contact for any activity of the Corps carried out by
the Secretary.''; and
(3) in subsection (c) of section 212 (as so redesignated), by
striking ``211'' and inserting ``213''.
SEC. 8. INDIAN YOUTH SERVICE CORPS.
Title II of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et
seq.) (as amended by section 7) is amended by inserting after section
209 the following:
``SEC. 210. INDIAN YOUTH SERVICE CORPS.
``(a) In General.--There is established within the Public Lands
Corps a program to be known as the `Indian Youth Service Corps' that--
``(1) enrolls participants between the ages of 16 and 30,
inclusive, and veterans age 35 or younger, a majority of whom
are Indians;
``(2) is established pursuant to an agreement between an
Indian tribe and a qualified youth or conservation corps for
the benefit of the members of the Indian tribe; and
``(3) carries out appropriate conservation projects on
eligible service land.
``(b) Authorization of Cooperative Agreements.--The Secretary may
enter into cooperative agreements with Indian tribes and qualified
youth or conservation corps for the establishment and administration of
the Indian Youth Service Corps.
``(c) Guidelines.--Not later than 18 months after the date of
enactment of the 21st Century Conservation Service Corps Act, the
Secretary of the Interior, in consultation with Indian tribes, shall
issue guidelines for the management of the Indian Youth Service Corps,
in accordance with this Act and any other applicable Federal laws.''.
Purpose
The purpose of S. 1403, as ordered reported, is to amend
the Public Lands Corps Act of 1993 (PLCA, 16 U.S.C. 1721 et
seq.) to increase the number of youth, Tribal youth, and
veterans in national service positions to conserve, restore,
and enhance the great outdoors of the United States.
Background and Need
The Civilian Conservation Corps (CCC) was created by
President Franklin D. Roosevelt during the Great Depression.
The program employed more than 2.5 million young men to work on
conservation projects across the nation. The original ``CCC
Boys'' received an education, job training, and a modest wage,
and the parks, forests, trails, and structures they created are
still used today.
When the United States entered World War II, many CCC
members, having received basic skills and training through
their Corps experience, entered the armed forces. Soon
thereafter, the CCC program ended but its legacy continues
through the more than 150 Corps operating nationwide today.
The Public Lands Corps, one of the modern successors of the
CCC, was established by the Public Lands Corps Act of 1993
(Public Law 103-82) to encourage young adults to carry out a
wide range of service projects on public lands. In 2005, the
1993 Act was amended to expand the use of the Corps and the
opportunities it promised for young people around the country.
Since then, the Department of the Interior and Department of
Agriculture have supported a wide range of Public Lands Corps
projects. These projects have a strong record of restoring,
maintaining, and improving public lands in a cost-effective and
efficient manner.
Public Land Corps programs benefit young men and women by
providing them with public service, service-learning, job
training, and work opportunities. The programs seek to
introduce a diverse group of young people to careers in natural
and cultural resource stewardship and public service by working
directly with conservation professionals in natural resource
agencies. This work also promotes the understanding of and
appreciation for the agencies' missions, and provides potential
pathways to Federal careers in these agencies.
S. 1403 amends the Public Lands Corps Act of 1993 to expand
the number of American youth and veterans who work to protect,
restore, enhance, and increase public access to America's great
outdoors. In addition, the bill establishes a Tribal Youth
Corps to include and attract underserved populations, and
increases the number of Federal agencies that are eligible to
create Public Lands Corps programs. Unlike the original CCC, S.
1403 aims to cultivate public-private partnerships to expand
the capacity of existing Corps and incubate new Corps where
there is need.
There is a large backlog of priority projects on public
lands awaiting completion. There is also a high demand for
national service positions, with applications to existing
national service corps programs consistently exceeding the
number of available positions. S. 1403 seeks to address these
two needs by putting America's youth, particularly Tribal youth
and returning veterans, to work protecting, restoring, and
enhancing America's great outdoors.
Legislative History
S. 1403 was introduced by Senators McCain, Alexander,
Bennet, and Udall on June 21, 2017. The National Parks
Subcommittee held a hearing on S. 1403 on July 19, 2017.
In the House of Representatives, Representative McSally
introduced a related bill, H.R. 2987, on June 21, 2017.
In the 114th Congress, a similar bill, S. 1993, was
introduced by Senators McCain and Bennet on August 5, 2015. The
National Parks Subcommittee held a hearing on S. 1993 on March
17, 2016.
Another similar bill, S. 1160, was introduced by Senators
Udall, Bennet, Heinrich, and Tester on April 30, 2015.
In the House of Representatives, Representative McSally
introduced a related bill, H.R. 5114, on April 28, 2016. On
June 23, 2016, the Natural Resources Committee's Subcommittee
on Federal Lands held a hearing on H.R. 5114.
Another similar bill, H.R. 2167, was introduced by
Representative Grijalva on April 30, 2015. The Subcommittee on
Federal Lands held a hearing on H.R. 2167 on June 23, 2016.
At its business meeting on October 2, 2018, the Committee
on Energy and Natural Resources, on a voice vote, ordered S.
1403 favorably reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1403, if amended as described herein. Senator Lee asked to be
recorded as voting no.
Committee Amendment
During its consideration of S. 1403, the Committee adopted
an amendment in the nature of a substitute. The substitute
amendment replaces the short title; updates the definitions to
the PLCA; expands the Public Lands Corps to authorize the
participation of additional Federal agencies; and expands the
qualified participants eligible to enroll in Public Lands Corps
programs. The substitute amendment also authorizes the
applicable Secretary to provide additional transportation
options to Public Lands Corps' participants; individual
placements of resource assistants to carry out research or
resource protection activities; and educational credits to
program participants that may be applied towards a
postsecondary education program for participation in the Public
Lands Corps. The substitute amendment further establishes and
provides equity for all Indian Youth Service Corps; clarifies
the status of former Corps participants hired for time-limited
appointments; applies all compensation and hiring standards to
any individual participating in corps projects through a
qualified youth or conservation corps; requires additional
reporting and data collection; and expands direct hire
authority to additional Federal agencies.
Section-by-Section Analysis
Sec. 1. Short title
Section 1 contains the short title.
Sec. 2. Definitions
Section 2 amends Section 203 of the PLCA (16 U.S.C. 1722)
to modify definitions for the terms ``Priority Project,''
``Qualified Youth or Conservation Corps,'' and ``Secretary,''
and add definitions for the terms ``Institution of Higher
Education'' and ``Veteran.''
Sec. 3. Public Lands Corps program
Section 3 amends Section 204 of the PLCA (16 U.S.C. 1723)
by adding the Department of Commerce to those federal agencies
(i.e., the Departments of the Interior and Agriculture) for
which a ``Public Lands Corps'' is established and makes clear
that other Federal departments or agencies are not precluded
from establishing a Public Lands Corps. This section also
amends section 204(b) of the PLCA to allow veterans age 35 or
younger to participate in the program, and modifies enrollment
criteria.
Sec. 4. Transportation
Section 4 amends section 205 of the PLCA (16 U.S.C. 1724)
by adding a new subsection (e) to authorize the Secretary to
provide participants with transportation to a project site.
Sec. 5. Resource assistants
Subsection (a) amends section 206(a) of the PLCA (16 U.S.C.
1725(a)) to include the updated definition of the term
``Secretary'' to provide the Secretaries of Agriculture and
Commerce with the authority to provide individual placements of
resource assistants to carry out research or resource
protection activities.
Subsection (b) amends section 121(a) of the Department of
the Interior, Environment, and Related Agencies Appropriations
Act, 2012 (16 U.S.C. 1725a) to include the updated definition
of the term ``Secretary'' to provide the Secretaries of
Agriculture and Commerce with direct hire authority under this
section.
Sec. 6. Compensation and employment standards
Section 6 amends section 207 of the PLCA (16 U.S.C. 1726)
to insert a new subsection (b) to authorize the Secretary to
provide a Public Lands Corps participant with an educational
credit for a postsecondary education program at an institution
of higher education that agrees to award such credit. This
section also redesignates the subsections accordingly.
This section also modifies subsection (c), as redesignated,
to require the Secretary to establish the term of service of
participants in the Indian Youth Corps established in section
210 in consultation with the affected Indian Tribe.
This section further adds a new paragraph (2) to subsection
(d), as redesignated. The new subsection directs certain time
limited appointments to be considered as being appointed under
open-competitive examination.
This section also adds a new subsection (e) to apply hiring
and compensation standards to all individuals participating in
an appropriate conservation projects through a qualified youth
or conservation corps, including an individual placed through a
contract or cooperative agreement.
Sec. 7. Reporting and data collection
Section 7 amends Title II of the PLCA to insert a new
section 209 on reporting and data collection and redesignating
the applicable sections accordingly. The new section 209
requires the Chief Executive Officer (CEO) of the Corporation
for National and Community Service (Corporation), in
coordination with the Secretaries, to submit a report to
Congress that includes Public Lands Corps data, within two
years of the Act's enactment and annually thereafter. The
specified reporting includes the number of participants
enrolled in the Corps and each participant's service term
length; the projects, categorized by and Federal agency,
carried out by participants; the total amount and funding
sources provided for participants' service; the type of service
performed and the impact and accomplishments of such service;
and any other similar data determined to be appropriate by the
CEO or the Secretaries.
Pursuant to the new section 209, the Secretaries are
required to submit the specified data to the Corporation's CEO
within one year after the Act's enactment and annually
thereafter. The CEO of the Corporation is authorized to
coordinate with qualified youth or conservation corps to
improve data collection. The Secretaries are further directed
to coordinate with each other, to the maximum extent
practicable, to carry out this Act's duties and activities,
including data collection and reporting, as well as
implementing and issuing noncompetitive hiring status
eligibility guidance. The Secretary must also designate a
coordinator to coordinate and serve as the primary point of
contact for any Corps activity carried out by the Secretary.
Sec. 8. Indian Youth Service Corps
Section 8 amends Title II of the PLCA (as amended by
section 7) by inserting a new section 210 to establish the
Indian Youth Service Corps. The Indian Youth Service Corps is
to enroll participants between the ages of 16 and 30,
inclusive, and veterans age 35 or younger, a majority of whom
are Indians; be established pursuant to an agreement between an
Indian Tribe and a qualified youth or conservation corps for
the benefit of the Indian Tribe members; and carry out
appropriate conservation projects on eligible service lands.
The Secretary is authorized to enter into cooperative
agreements with Indian Tribes and qualified youth or
conservation corps for the establishment and administration of
the Indian Youth Service Corps. Not later than 18 months after
enactment, the Secretary of the Interior, in consultation with
the Indian tribes, is required to issue guidance for the
management of the Indian Youth Service Corps, in accordance
with this Act and any other applicable Federal laws.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 1403 would amend the Public Lands Corps Act of 1993,
which governs programs that employ young adults to work on
lands managed by the Department of the Interior (DOI) and the
Forest Service.
Existing Public Lands Corps (PLC) programs vary by agency
and funding source. Although historically some agencies have
received specific appropriations to carry out the program, the
National Park Service often has derived funding from recreation
fees that the agency can use without further appropriation
action. Additionally, most PLC projects are carried out through
partnerships with existing qualified youth or conservation
corps in each state. The costs of those projects are split
between the federal government and the participating service
corps.
S. 1403 would, among other things:
Expand the program to include the Department
of Commerce (specifically, the National Oceanic and
Atmospheric Administration, or NOAA),
Assist Indian tribes and related youth
groups with the operation of the Indian Youth Service
Corps,
Offer an educational credit as a form of
compensation for participation in the PLC,
Require participating agencies to designate
program coordinators,
Require data collection and a subsequent
report to the Congress about the operations and
effectiveness of the PLC programs,
Open the program to veterans under the age
of 35, and
Authorize agencies to use appropriated funds
to provide transportation subsidies to program
participants.
Using information from DOI, the Forest Service and NOAA,
CBO estimates that S. 1403 would not significantly increase
spending subject to appropriation.
Enacting S. 1403 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply
CBO estimates that enacting S. 1403 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 1403 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On May 4, 2018, CBO transmitted a cost estimate for H.R.
2987, as ordered reported by the House Committee on Natural
Resources on January 17, 2018. The two pieces of legislation
are similar, however H.R. 2987 would expand and authorize more
activities under the Public Lands Corps Act than S. 1403. CBO
estimates that neither bill would have a significant effect on
the federal budget.
The CBO staff contact for this estimate is Jacob Fabian.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1403. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1403, as ordered reported.
Congressionally Directed Spending
S. 1403, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the July 19, 2017, hearing on S.1403 follows:
Statement of Robert Vogel, Acting Deputy Director, National Park
Service, U.S. Department of the Interior
Chairman Daines, Ranking Member Hirono, and members of the
subcommittee, thank you for the opportunity to present the
Department of the Interior's views on S. 1403, to amend the
Public Lands Corps Act of 1993 to establish the 21st Century
Conservation Service Corps to place youth and veterans in
national service positions to conserve, restore, and enhance
the great outdoors of the United States, and for other
purposes.
The Department recommends that Congress defer action on S.
1403 until we have an opportunity to review all of the
Department's youth programs and determine the most cost-
effective strategies for engaging children, youth, and young
adults in our nation's great outdoors. This legislation would
officially rename the Public Lands Corps as the 21st Century
Conservation Service Corps, expand the participation of
veterans of the U.S armed forces in the corps, increase the
number of Federal agencies that are able to use the program,
and authorize a program specifically for Indian youth to carry
out projects on tribal lands.
The Department's land management bureaus, along with the
U.S. Forest Service, have established successful public-private
partnership programs using the authority of the Public Lands
Service Corps. Informally, the agencies identify these
arrangements as 21st Century Service Corps or ``21CSC''
partnerships, so we believe that converting the Public Lands
Corps Act authorities to 21st Century Service Corps authorities
in statute is appropriate. In addition, a new identity for the
program seems appropriate in light of the bill's highlighting
of veterans as an eligible group of participants and the
extension of the program to multiple Federal agencies beyond
the Departments of the Interior and Agriculture.
In the Department of the Interior, using the authority of
the Public Lands Corps Act, the Bureau of Land Management
(BLM), the Bureau of Reclamation (BOR), the Bureau of Indian
Affairs (BIA), the U.S. Fish and Wildlife Service (FWS), the
National Park Service (NPS) and the U.S. Geological Survey
(USGS), have collaborated with youth conservation corps on
21CSC projects all across the country. These projects, which
are undertaken through the use of cooperative agreements, have
ranged from trail maintenance to watershed restoration,
historic preservation to forest regeneration, and invasive
species removal to front-line services for visitors. The
projects have decreased the land management agencies'
maintenance backlogs and helped to fill critical staffing gaps.
They have also given many young people, including youth from
underserved communities and veterans, opportunities to gain in-
demand skills for success in the 21st century workplace.
Through these partnerships, the bureaus have been able to
generate an interest among young people in pursuing careers in
public land management, which is an increasingly important
aspect of the program as growing numbers of Federal employees
become eligible for retirement.
A few specific examples of public-private partnerships help
illustrate the success of the 21CSC partnerships:
In Maryland, the NPS Historic Preservation Training Center
and a partner organization, Conservation Legacy recently
piloted the Traditional Trades Youth Initiative to provide a
structured, experiential training opportunity to young adults
in traditional construction trades (carpentry, masonry, and
woodcrafting). Participants work closely alongside experienced
craftspeople, serving as assistants or apprentice level trades
workers to learn preservation trades skills while completing
projects within parks, such as restoring historic windows and
replacing a shingle roof on a barn at Gettysburg National
Military Park.
In Oregon and California, the Klamath Bird Observatory
(KBO) built on a long-standing partnership with the BLM and FWS
to expand its internship program and improve outreach to
underserved communities, including Native American and Hispanic
youth. The combination of KBO's established long-term
monitoring program and an intensive bird banding training
curriculum foster the integration of youth engagement and
professional training. The internships have provided
opportunities for training and practical experience in bird
monitoring techniques; learning through a well-rounded
curriculum in field biology; and attaining bird bander
certification through the North American Banding Council.
In Arizona, the Conservation Legacy organization worked
with the BIA to lead an eight-person Native American youth crew
in completion of natural resource conservation projects on the
Navajo Nation. The crew consisted of local area high school
students and two adult crew leaders. During the four-week
program the crew restored and stabilized Hubble Wash,
maintained trails, and repaired and constructed wildlife
fencing.
In New Mexico, the Talking Talons Youth Leadership, in
partnership with the Valle de Oro National Wildlife Refuge
(NWR), the Bureau of Reclamation, the New Mexico State Land
Office, Ciudad Soil and Water Conservation District, the Bosque
Ecosystem Monitoring Program, Amigos Bravos, Friends of the
Valle de Oro, and Friends of the Sandia Mountains provided
approximately 560 hours of paid employment for urban and
minority youth in conservation work that benefited the public
lands and the mission of the Valle de Oro NWR, BOR, and the
State of New Mexico. In addition to receiving in-depth
education and training in diverse aspects of environmental
restoration, monitoring, and stewardship, crew members
conducted surface and groundwater quality monitoring and
removed invasive vegetation on 80 acres on the refuge and
adjacent Federal and state lands.
And, in Maine, the Friends of Acadia hired young people to
work on projects with the NPS in Acadia National Park,
including engaging the public in raptor viewing opportunities
and working on a trail crew mediating trail issues. Many of the
youth work experiences occured in accessible, highly visited
areas, such as Sieur de Monts Springs.
S. 1403 would increase the number of Federal departments
and agencies authorized to partner with conservation
organizations to support and carry out 21CSC projects. In
addition to the Departments of the Interior and Agriculture,
the authorities could be used by the Departments of
Transportation, Labor, Energy, Defense, Veterans Affairs, and
Commerce; the Environmental Protection Agency, the Council on
Environmental Quality, the Corporation for National and
Community Service, the Army Corps of Engineers, the Federal
Emergency Management Agency, and any other agencies as
designated by the President. The bill would give participating
agencies flexibility to support 21CSC projects in a manner
consistent with each agency's mission and resources, while
seeking to minimize the duplication of a specific project by
another agency. Authorizing these entities to carry out project
directly with other agencies would relieve the administrative
burden on the Departments of the Interior and Agriculture,
which currently serve as sponsoring entities for 21CSC projects
carried out by Federal entities outside of those two
departments. The bill would also require participating agencies
to report to Congress to ensure 21CSC activities are carried
out in a cost-effective manner.
This bill delineates the categories of projects that could
be conducted through a cooperative agreement between an agency
and a partner. While the projects are focused on the full range
of activities that constitute conservation, restoration and
management of public lands and waters, the list includes work
that would be conducted primarily inside, such as service in a
science, policy, or program internship, which has a clear
benefit for natural, cultural, or historic resources or
treasures, including interpretation and education services.
This will make clear to agencies that manage almost any kind of
work related to conservation or restoration that they have the
ability to use this program, even if those agencies are not
considered land management agencies.
S. 1403 also establishes a 21CSC specifically for Indian
youth to participate in projects on tribal lands. This program
would be administered through a cooperative agreement with a
tribal agency or a 21CSC organization. Guidelines for this
program would be issued by the Secretary of the Interior within
18 months of enactment of the bill.
This bill maintains two changes to the Public Lands Corps
Act that were passed by Congress in December 2016 as part of
the NPS Centennial Act: one providing an upper age limit of 30
for participants (raised from 25), and the other providing a
two-year period of eligibility for noncompetitive Federal
hiring for participants (increased from a period of 120 days)
who complete the requirements of the program. These provisions
both increase the pool of potential participants and the
opportunities for participants who have developed the skills
the agencies need to move into permanent Federal positions.
In addition to these changes, the lower end of the age
limit for participation would be reduced from 16 to 15. 21CSC
organizations would be encouraged to select veterans of age 35
or younger for projects to focus on training young people, but
veterans would not have any age limit for participation.
S. 1403 would reduce the cost-share requirement for 21CSC
projects from 25 percent to 10 percent, while resource
assistants participating through 21CSC organizations would
still require a 25 percent cost-share. The Department supports
the cost-share requirement reduction for 21CSC projects, which
would enable a greater range of organizations such as smaller,
community-based organizations that draw from low-income and
rural populations to participate in the 21CSC.
If the committee acts on S. 1403, we recommend an amendment
to Section 12. This section retains existing law that allows
land management agencies to use direct hire authority to hire
former resource assistants who have completed ``a rigorous
undergraduate or graduate summer internship'' and extends that
authority to other agencies, we suggest amending this section.
As currently written, Section 12 would eliminate the reference
to the National Park Service Business Plan Internship as an
example of the kind of internship that meets the definition of
``rigorous.'' We think that keeping that phrase in law would
maintain the Business Plan Internship as a benchmark for the
types of internships that are sufficiently rigorous for interns
to be hired by agencies without going through the competitive
hiring process. Without maintaining that benchmark, agencies
will have a more difficult time determining what internships
meet the definition of ``rigorous.'' We would be pleased to
provide language to amend this section. Finally, as the
Department reviews this legislation more thoroughly and
considers it in the context of other programs aimed at youth
engagement, we may want to suggest additional amendments.
Chairman Daines, this concludes my statement. I would be
pleased to answer any questions you or other members of the
subcommittee may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 1403, 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 OF THE YOUTH CONSERVATION CORPS ACT OF 1970
Public Law 91-378, as Amended by Public Law 103-82
* * * * * * *
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] by section
204(a)(1).
(3) Eligible service lands.--The term ``eligible
service lands'' means public lands, Indian lands, and
Hawaiian home lands.
(4) 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. 1101, 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 863; 73 Stat. 5).
(5) Indian.--The term ``Indian'' means a person who--
(A) is a member of an Indian tribe; or
(B) is a ``Native'', as defined in section
3(b) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(b)).
(6) Indian lands.--The term ``Indian lands'' means--
(A) any Indian reservation;
(B) any public domain Indian allotments;
(C) any former Indian reservation in the
State of Oklahoma;
(D) any land held by incorporated Native
regional corporations, and village corporations
under the Alaska Native Claims Settlement Act
(43 U.S.C. 1701 et seq.); and
(E) any land held by dependent Indian
communities within the borders of the United
States whether within the original or
subsequently acquired territory thereof, and
whether within or without the limits of a
State.
(7) 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) Institution of higher education.--
(A) In general.--The term `institution of
higher education' has the meaning given the
term in section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002).
(B) Exclusion.--The term `institution of
higher education' does not include--
(i) an institution described in
section 101(b) of the Higher Education
Act of 1965 (20 U.S.C. 1001(b)); or
(ii) an institution outside the
United States, as described in section
102(a)(1)(C) of the Higher Education
Act of 1965 (20 U.S.C. 1002(a)(1)(C)).
[(8)](9) 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] and
other conservation and restoration initiatives, 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.
(E) To protect, restore, or enhance marine,
estuarine, riverine, and coastal habitat
ecosystem components--
(i) to promote the recovery of
threatened species, endangered species,
and managed fisheries;
(ii) to restore fisheries, protected
resources, and habitats impacted by oil
and chemical spills and natural
disasters; or
(iii) to enhance the resilience of
coastal ecosystems, communities, and
economies through habitat conservation.
[(9)](10) 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.
[(10)](11) 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) is capable of offering meaningful, full-
time, productive work for [individuals between
the ages of 16 and 30, inclusive,] individuals
between the ages of 16 and 30, inclusive, or
veterans age 35 or younger in a natural or
cultural resource setting;
(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.
[(11)](12) Resource assistant.--The term ``resource
assistant'' means a resource assistant selected under
section 206.
[(12)](13) 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 land and facilities administered by the
National Oceanic and Atmospheric
Administration, the Secretary of Commerce.
[(13)](14) 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.
(15) Veteran.--The term `veteran' has the meaning
given the term in section 101 of title 38, United
States Code.
SEC. 204. PUBLIC LANDS CORPS PROGRAM.
[(a) Establishment of public lands corps.--There is hereby
established in the Department of the Interior and the
Department of Agriculture a Public Lands Corps.]
(a) Establishment of Public Lands Corps.--
(1) In general.--There is established in the
Department of the Interior, the Department of
Agriculture, and the Department of Commerce a corps, to
be known as the `Public Lands Corps'.
(2) No effect on other agencies.--Nothing in this
subsection precludes the establishment of a public
lands corps by the head of a Federal department or
agency other than a department described in paragraph
(1), in accordance with this Act.
(b) Participants.--The Corps shall consist of [individuals
between the ages of 16 and 30, inclusive,] individuals between
the ages of 16 and 30, inclusive, and veterans age 35 or
younger 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]
paragraphs (1), (2), (4), and (5) of section 137(a) of the
National and Community Service Act of 1990 (42 U.S.C.
12591(a)). 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.
(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 conservation projects referred to in
subsection (d).
(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
priority 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.
(d) 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 conservation projects which the
Secretary is authorized to carry out under other
authority of law on public lands.
(2) Projects on indian lands.--Appropriate
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) Disaster prevention or relief projects.--The
Secretary may authorize appropriate 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) Preference for Certain Projects.--In selecting
appropriate 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;
(3) will be labor intensive;
(4) can be planned and initiated promptly; and
(5) will provide academic, experiential, or
environmental education opportunities.
(f) Consistency.--Each appropriate 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.
SEC. 205. 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 Corps; and
(B) the conduct of appropriate conservation
projects under this title.
(2) Assistance for conservation centers.--The
Secretary may provide to a conservation center
established under paragraph (1) any services,
facilities, equipment, and supplies that the Secretary
determines to be necessary for the conservation center.
(3) Standards for conservation centers.--The
Secretary shall--
(A) establish basic standards of health,
nutrition, sanitation, and safety for all
conservation centers established under
paragraph (1); and
(B) ensure that the standards established
under subparagraph (A) are enforced.
(4) Management.--As the Secretary determines to be
appropriate, the Secretary may enter into a contract or
other appropriate arrangement with a State or local
government agency or private organization to provide
for the management of a conservation center.
(b) Logistical Support.--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 established under this section, where
feasible. Logistical support may include the provision of
temporary tent shelters where needed, transportation, and
residential supervision.
(c) Use of Military Installations.--The Secretary may make
arrangements with the Secretary of Defense to identify military
installations and other facilities of the Department of Defense
and, in consultation with the adjutant generals of the State
National Guards, National Guard facilities that may be used, in
whole or in part, by the Corps for training or housing Corps
participants.
(d) Assistance.--The Secretary may provide any services,
facilities, equipment, supplies, technical assistance,
oversight, monitoring, or evaluations that are appropriate to
carry out this title.
(e) Transportation.--The Secretary may provide to Corps
participants who reside in their own homes transportation to
and from appropriate conservation project sites.
SEC. 206. RESOURCE ASSISTANTS.
(a) Authorization.--[The Secretary is authorized to provide
individual placements of 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.] The Secretary may provide individual placements
of resource assistants to carry out research or resource
protection activities on behalf of the Secretary. 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.
(b) Use of Existing Nonprofit Organizations.--Whenever one
or more existing nonprofit organizations can provide, in the
judgment of 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, 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. 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, to the mission of the agency.
SEC. 207. [LIVING ALLOWANCES AND TERMS OF SERVICE] COMPENSATION AND
TERMS OF SERVICE.
(a) Living Allowances.--The Secretary shall provide each
participant in the Public Lands Corps and each resource
assistant with a living allowance in an amount established by
the Secretary.
(b) Educational Credit.--The Secretary may provide a Corps
participant with an educational credit that may be applied
towards a program of postsecondary education at an institution
of higher education that agrees to award the credit for
participation in the Corps.
[(b)](c) Terms of Service.--[Each participant]
(1) In general._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.
(2) Indian youth service corps.--With respect to the
Indian Youth Service Corps established under section
210, the Secretary shall establish the term of service
of participants in consultation with the affected
Indian tribe.
[(c)](d) Hiring.--[The Secretary]
(1) In general._The Secretary may--
[(1)](A) grant to a member of the Public Lands Corps
credit for time served with the Public Lands Corps,
which may be used toward future Federal hiring; and
[(2)](B) provide to a former member of the Public
Lands Corps noncompetitive hiring status for a period
of not more than 2 years after the date on which the
member's service with the Public Lands Corps is
complete.
(2) Time-limited appointment.--For purposes of
section 9602 of title 5, United States Code, a former
member of the Corps hired by the Secretary under
paragraph (1)(B) for a time-limited appointment shall
be considered to be appointed initially under open,
competitive examination.
(e) Applicability to Qualified Youth or Conversation
Corps.--The hiring and compensation standards described in this
section shall apply to any individual participating in an
appropriate conservation project through a qualified youth or
conservation corps, including an individual placed through a
contract or cooperative agreement, as approved by the
Secretary.
SEC. 208. 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 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, 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. REPORTING AND DATA COLLECTION.
(a) Report.--Not later than 2 years after the date of
enactment of the 21st Century Conservation Service Corps Act,
and annually thereafter, the Chief Executive Officer of the
Corporation for National and Community Service, in coordination
with the Secretaries, shall submit to Congress a report that
includes data on the Corps, including--
(1) the number of participants enrolled in the Corps
and the length of the term of service for each
participant;
(2) the projects carried out by Corps participants,
categorized by type of project and Federal agency;
(3) the total amount and sources of funding provided
for the service of participants;
(4) the type of service performed by participants and
the impact and accomplishments of the service; and
(5) any other similar data determined to be
appropriate by the Chief Executive Officer of the
Corporation for National and Community Service or the
Secretaries.
(b) Data.--Not later than 1 year after the date of
enactment of the 21st Century Conservation Service Corps Act,
and annually thereafter, the Secretaries shall submit to the
Chief Executive Officer of the Corporation for National and
Community Service the data described in subsection (a).
(c) Data Collection.--The Chief Executive Officer of the
Corporation for National and Community Service may coordinate
with qualified youth or conservation corps to improve the
collection of the required data described in subsection (a).
(d) Coordination.
(1) In general.--The Secretaries shall, to the
maximum extent practicable, coordinate with each other
to carry out activities authorized under this Act,
including--
(A) the data collection and reporting
requirements of this section; and
(B) implementing and issuing guidance on
eligibility for noncompetitive hiring status
under section 207(d).
(2) Designation of coordinators.--The Secretary shall
designate a coordinator to coordinate and serve as the
primary point of contact for any activity of the Corps
carried out by the Secretary.
SEC. 210. INDIAN YOUTH SERVICE CORPS.
(a) In General.--There is established within the Public
Lands Corps a program to be known as the `Indian Youth Service
Corps' that--
(1) enrolls participants between the ages of 10 and
30, inclusive, and veterans age 35 or younger, a
majority of whom are Indians;
(2) is established pursuant to an agreement between
an Indian tribe and a qualified youth or conservation
corps for the benefit of the members of the Indian
tribe; and
(3) carries out appropriate conservation projects on
eligible service land.
(b) Authorization of Cooperative Agreements.--The Secretary
may enter into cooperative agreements with Indian tribes and
qualified youth or conservation corps for the establishment and
administration of the Indian Youth Service Corps.
(c) Guidelines.--Not later than 18 months after the date of
enactment of the 21st Century Conservation Service Corps Act,
the Secretary of the Interior, in consultation with Indian
tribes, shall issue guidelines for the management of the Indian
Youth Service Corps, in accordance with this Act and any other
applicable Federal laws.
SEC. [209] 211. 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 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] 212. 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 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 carried out on Indian
lands or Hawaiian home lands under this title.
(2) Public lands 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 and carrying out
appropriate 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 or to
support resource assistants 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] 213 are in
addition to amounts allocated to the Public Lands Corps through
other Federal programs or projects.
SEC. [211] 213. 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.
(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) 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.
CONSOLIDATED APPROPRIATIONS ACT, 2012
Public Law 112-74
* * * * * * *
DIVISION E, DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
* * * * * * *
TITLE I
DEPARTMENT OF THE INTERIOR
* * * * * * *
General Provisions, Department of the Interior
* * * * * * *
HIRING AUTHORITIES
Sec. 121. (a) Direct Hire Authority.--
(1) During fiscal year 2012 and thereafter, the
[Secretary of the Interior] Secretary (as defined in
section 203 of the Public Lands Corps Act of 1993 (16
U.S.C. 1722)) may appoint, without regard to the
provisions of subchapter I of chapter 33 of title 5,
United States Code, other than sections 3303 and 3328
of such title, a qualified candidate described in
[paragraph (1)] paragraph (2) directly to a position
[with a land managing agency of the Department of the
Interior] for which the candidate meets Office of
Personnel Management qualification standards.
(2) Paragraph (1) applies with respect to a former
resource assistant (as defined in section 203 of the
Public Land Corps Act (16 U.S.C. 1722)) who--
(A) completed a rigorous undergraduate or
graduate summer internship [with a land
managing agency] with the Secretary (as so
defined), such as the National Park Service
Business Plan Internship;
(B) successfully fulfilled the requirements
of the internship program; and
(C) subsequently earned an undergraduate or
graduate degree from an accredited institution
of higher education.
(3) The direct hire authority under this subsection
may not be exercised with respect to a specific
qualified candidate after the end of the two-year
period beginning on the date on which the candidate
completed the undergraduate or graduate degree, as the
case may be.
* * * * * * *
[all]