[House Report 117-469]
[From the U.S. Government Publishing Office]


117th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     117-469

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



 
             KEEP AMERICA'S REFUGES OPERATIONAL ACT OF 2022

                                _______
                                

 September 19, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 6734]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 6734) to amend the Fish and Wildlife Act of 1956 
to reauthorize the volunteer services, community partnership, 
and refuge education programs of the National Wildlife Refuge 
System, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 6734 is to reauthorize the volunteer 
services, community partnership, and refuge education programs 
of the National Wildlife Refuge System.

                  Background and Need for Legislation

    The National Wildlife Refuge System (System), managed by 
the Fish and Wildlife Service (FWS), spreads across 568 
National Wildlife Refuges. The lands, waters, and wetlands 
protected under the System cover nearly 837 million acres\1\ 
and serve as the home for over 700 bird species, 220 mammal 
species, 1,000 fish species, and 250 reptile and amphibian 
species.\2\
---------------------------------------------------------------------------
    \1\U.S. Fish & Wildlife Serv., Statistical Data Tables for Fish & 
Wildlife Service Lands (as of 9/30/2021), tbl. 1 (2021), https://
www.fws.gov/sites/default/files/documents/2021-annual-report-of-lands-
with-data-tables_2.pdf.
    \2\Bill O'Brian, Refuge Animals From A to Z, U.S. Fish & Wildlife 
Serv., www.fws.gov/refuges/features/Refuge-Animals-From-A-to-Z.html 
(last visited Sept. 17, 2022).
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    Volunteers in the System contribute over 20 percent of the 
work needed to keep the refuges operational, and because of 
this work, 47 million tourists visit each year, generating $2 
billion in revenue and creating more than 35,000 local jobs. 
The System's volunteer programs and community partnerships are 
authorized through the National Wildlife Refuge System 
Volunteer and Community Partnership Enhancement Act of 1998,\3\ 
which amended the Fish and Wildlife Act of 1956\4\ to promote 
volunteer programs, community partnerships, and educational 
activities for the benefit of National Wildlife Refuges. These 
programs were last authorized in 2018. Reauthorizing these 
volunteer services allows the FWS to continue providing 
transportation, uniforms, lodging, awards, subsistence, and 
training for those who selflessly choose to volunteer on these 
projects.
---------------------------------------------------------------------------
    \3\Pub. L. No. 105-242, 112 Stat. 1574 (1998), https://
uscode.house.gov/statviewer.htm?volume=112&page=1574 (codified at 
various, see http://uscode.house.gov/table3/105_242.htm).
    \4\Act of Aug. 8, 1956, ch. 1036, 70 Stat. 1119 (1956), https://
uscode.house.gov/statviewer.htm?volume=70&page=1119 (codified as 
amended at various, see http://uscode.house.gov/table3/1956_1036.htm) 
(statutory compilation as amended through P.L. 115-168 at https://
www.govinfo.gov/content/pkg/COMPS-13728/pdf/COMPS-13728.pdf).
---------------------------------------------------------------------------
    As reported by the House, H.R. 6734 reauthorizes the 
volunteer services, community partnership, and refuge education 
programs of the National Wildlife Refuge System for fiscal 
years 2022-2026. The bill has been noticed for consideration by 
the House on September 19, 2022, under suspension of the rules 
with amended legislative text that updates the reauthorization 
to a duration of fiscal years 2023-2027.\5\
---------------------------------------------------------------------------
    \5\https://docs.house.gov/billsthisweek/20220919/BILLS-117hr6734-
SUS.v1.pdf.
---------------------------------------------------------------------------

                            Committee Action

    H.R. 6734 was introduced on February 15, 2022, by 
Representative Hakeem S. Jeffries (D-NY). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Oceans, and Wildlife. 
On March 29, 2022, the Subcommittee held a hearing on the bill. 
On June 15, 2022, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. No amendments were offered, and the bill was adopted 
and ordered favorably reported to the House of Representatives 
by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Oceans, and Wildlife held 
on March 29, 2022.

            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.

           Compliance With House Rule XIII and Congressional 
                               Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 16, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6734, the Keep 
America's Refuges Operational Act of 2022.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lilia 
Ledezma.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 6734 would extend the authorization of appropriations 
($2 million a year) for volunteer services, community 
partnerships, and wildlife refuge education programs of the 
U.S. Fish and Wildlife Service (USFWS) through 2026. As a 
result, the bill also would extend the authorization for USFWS 
to enter into cooperative agreements with nonprofit groups, 
academic institutions, and state or local agencies to help 
finance projects that would benefit wildlife refuges. The 
current authorization expires at the end of 2022.
    CBO assumes that the legislation will be enacted by the end 
of calendar year 2022 and that the authorized amounts will be 
provided in each fiscal year. Based on historical spending 
patterns, CBO estimates that implementing the bill would cost 
$7 million over the 2023-2027 period, and $1 million after 
2027, assuming appropriation of the specified amounts.
    The costs of this legislation, detailed in Table 1, fall 
within budget function 300 (natural resources and environment).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 6734
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                               -----------------------------------------------------------------
                                                  2022     2023     2024     2025     2026     2027    2022-2027
----------------------------------------------------------------------------------------------------------------
Authorization Level...........................        0        2        2        2        2        0           8
Estimated Outlays.............................        0        1        1        2        2        1           7
----------------------------------------------------------------------------------------------------------------

    By extending the authorization, the bill would allow USFWS 
to continue to accept gifts and payments under cooperative 
agreements and spend them without further appropriation. The 
receipt and spending of those amounts are recorded in the 
budget as direct spending. Because any money received would 
probably be spent soon thereafter, CBO estimates that the net 
effect on direct spending would be negligible.
    The CBO staff contact for this estimate is Lilia Ledezma. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to reauthorize the volunteer 
services, community partnership, and refuge education programs 
of the National Wildlife Refuge System.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         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 italics, and existing law in which no 
change is proposed is shown in roman):

                     FISH AND WILDLIFE ACT OF 1956




           *       *       *       *       *       *       *
                 policies, procedures, recommendations

  Sec. 7. (a) The Secretary of the Interior, with such advice 
and assistance as he may require from the Assistant Secretary 
for Fish and Wildlife, shall consider and determine the 
policies and procedures that are necessary and desirable in 
carrying out efficiently and in the public interest the laws 
relating to fish and wildlife. The Secretary, with the 
assistance of the departmental staff' herein authorized, 
shall--
  (1) develop and recommend measures which are appropriate to 
assure the maximum sustainable production of fish and fishery 
products and to prevent unnecessary and excessive fluctuations 
in such production;
  (2) study the economic condition of the industry, and 
whenever he determines that any segment of the domestic 
fisheries has been seriously disturbed either by wide 
fluctuation in the abundance of the resource supporting it, or 
by unstable market or fishing conditions or due to any other 
factors he shall make such recommendations to the President and 
the Congress as he deems appropriate to aid in stabilizing the 
domestic fisheries;
  (3) develop and recommend special promotional and 
informational activities with a view to stimulating the 
consumption of fishery products whenever he determines that 
there is a prospective or actual surplus of such products; and
  (4) take such steps as may be required for the development, 
advancement, management, conservation, and protection of fish 
and wildlife resources including, but not limited to, research, 
development of existing facilities, and acquisition 'by 
purchase or exchange of land and water, or interests therein.
  (b)(1) In furtherance of the purposes of this Act, the 
Secretary of the Interior is authorized to accept any gifts, 
devises, or bequests of real and personal property, or proceeds 
therefrom, or interests therein, for the benefit of the United 
States Fish and Wildlife Service, in performing its activities 
and services. Such acceptance may be subject to the terms of 
any restrictive or affirmative covenant, or condition of 
servitude, if such terms are deemed by the Secretary to-be in 
accordance with law and compatible with the purpose for whch 
acceptance is sought.
  (2) Use of gifts, devises, and bequests.--
          (A) In general.--Any gifts and bequests of money and 
        proceeds from the sales of other property received as 
        gifts or bequests pursuant to this subsection shall be 
        deposited in a separate account in the Treasury and 
        shall be disbursed upon order of the Secretary for the 
        benefit of programs administered by the United States 
        Fish and Wildlife Service.
          (B) Gifts, devises, and bequests to particular 
        refuges.--
                  (i) Disbursal.--Any gift, devise, or bequest 
                made for the benefit of a particular national 
                wildlife refuge or complex of geographically 
                related refuges shall be disbursed only for the 
                benefit of that refuge or complex of refuges 
                and without further appropriations.
                  (ii) Matching.--Subject to the availability 
                of appropriations and the requirements of the 
                National Wildlife Refuge System Administration 
                Act of 1966 (16 U.S.C. 668dd et seq.) and other 
                applicable law, the Secretary may provide funds 
                to match gifts, devises, and bequests made for 
                the benefit of a particular national wildlife 
                refuge or complex of geographically related 
                refuges. With respect to each gift, devise, or 
                bequest, the amount of Federal funds may not 
                exceed the amount (or, in the case of property 
                or in-kind services, the fair market value) of 
                the gift, devise, or bequest.
  (3) For the purpose of Federal income, estate, and gift 
taxes, property, or proceeds therefrom, or interests therein, 
accepted under this subsection shall be considered as a gift or 
bequest to the United States.
  (c)(1) The Secretary of the Interior and the Secretary of 
Commerce may each recruit, train, and accept, without regard to 
the provisions of title 5, United States Code, the services of 
individuals without compensation as volunteers for, or in aid 
of programs conducted by either Secretary through the United 
States Fish and Wildlife Service or the National Oceanic and 
Atmospheric Administration.
  (2) The Secretary of the Interior and the Secretary of 
Commerce are each authorized to provide for incidental expenses 
such as transportation, uniforms, lodging, awards (including 
nominal cash awards)and recognition, and subsistence of such 
volunteers without regard to their places of residence.
  (3) Except as otherwise provided in this subsection, a 
volunteer shall not be deemed a Federal employee and shall not 
be subject to the provisions of law relating to Federal 
employment, including those relative to hours of work, rates of 
compensation, leave, unemployment compensation, and Federal 
employee benefits.
  (4) For the purpose of the tort claim provisions of title 28 
of the United States Code, a volunteer under this subsection 
shall be considered a Federal employee.
  (5) For the purposes of subchapter I of chapter 81 of title 5 
of the United States Code, relating to compensation to Federal 
employees for work injuries, volunteers under this subsection 
shall be deemed employees of the United States within the 
meaning of the term ``employees'' as defined in section 8101 of 
title 5, United States Code, and the provisions of that 
subchapter shall apply.
  (6) Senior volunteer corps.--The Secretary of theInterior may 
establish a Senior Volunteer Corps, consistingof volunteers 
over the age of 50. To assist in the recruitmentand retention 
of the volunteers, the Secretary may providefor additional 
incidental expenses to members of the Corpsbeyond the 
incidental expenses otherwise provided to volunteersunder this 
subsection. The members of the Corps shall besubject to the 
other provisions of this subsection.
  (d) Community Partnership Enhancement.--
          (1) Definition of partner organization.--In this 
        subsection, the term partner organization means an 
        organization that--
                  (A) draws its membership from private 
                individuals, organizations, corporations, 
                academic institutions, or State or local 
                governments;
                  (B) is established to promote the 
                understanding of, education relating to, and 
                the conservation of the fish, wildlife, plants, 
                and cultural and historical resources of a 
                particular refuge or complex of geographically 
                related refuges; and
                  (C) is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and is exempt 
                from taxation under section 501(a) of that 
                Code.
          (2) Cooperative agreements.--
                  (A) In general.--Notwithstanding chapter 63 
                of title 31, United States Code, the Secretary 
                of the Interior may negotiate and enter into a 
                cooperative agreement with a partner 
                organization, academic institution, State or 
                local government agency, or other person to 
                implement one or more projects or programs for 
                a refuge or complex of geographically related 
                refuges in accordance with the purposes of this 
                subsection and in compliance with the policies 
                of other relevant authorities, regulations, and 
                policy guidance.
                  (B) Projects and programs.--Subject to the 
                requirements of the National Wildlife Refuge 
                System Administration Act of 1966 (16 U.S.C. 
                668dd et seq.) and other applicable law, and 
                such terms and conditions as the Secretary 
                determines to be appropriate, the Secretary may 
                approve projects and programs for a refuge or 
                complex of geographically related refuges 
                that--
                          (i) promote the stewardship of 
                        resources of the refuge through habitat 
                        maintenance, restoration, and 
                        improvement, biological monitoring, or 
                        research;
                          (ii) support the operation and 
                        maintenance of the refuge through 
                        constructing, operating, maintaining, 
                        or improving the facilities and 
                        services of the refuge;
                          (iii) increase awareness and 
                        understanding of the refuge and the 
                        National Wildlife Refuge System through 
                        the development, publication, or 
                        distribution of educational materials 
                        and products;
                          (iv) advance education concerning the 
                        purposes of the refuge and the mission 
                        of the System through the use of the 
                        refuge as an outdoor classroom and 
                        development of other educational 
                        programs; or
                          (v) contribute financial resources to 
                        the refuge, under terms that require 
                        that the net revenues be used 
                        exclusively for the benefit of the 
                        refuge, through donation of net 
                        revenues from the sale of educational 
                        materials and products and through 
                        encouragement of gifts, devises, and 
                        bequests.
                  (C) Federal funding and ownership.--
                          (i) Matching.--Subject to the 
                        availability of appropriations and the 
                        requirements of the National Wildlife 
                        Refuge System Administration Act of 
                        1966 (16 U.S.C. 668dd et seq.) and 
                        other applicable law, the Secretary may 
                        provide funds to match non-Federal 
                        funds donated under a cooperative 
                        agreement under this paragraph. With 
                        respect to each project or program, the 
                        amount of funds provided by the 
                        Secretary may not exceed the amount of 
                        the non-Federal funds donated through 
                        the project or program.
                          (ii) Use of federal funds.--Any 
                        Federal funds used to fund a project or 
                        program under a cooperative agreement 
                        may be used only for expenses directly 
                        related to the project or program and 
                        may not be used for operation or 
                        administration of any non-Federal 
                        entity.
                          (iii) Ownership of facilities.--Any 
                        new facility, improvement to an 
                        existing facility, or other permanent 
                        improvement to a refuge constructed 
                        under this subsection shall be the 
                        property of the United States 
                        Government.
                  (D) Treasury account.--Amounts received by 
                the Secretary of the Interior as a result of 
                projects and programs under subparagraph (B) 
                shall be deposited in a separate account in the 
                Treasury. Amounts in the account that are 
                attributable to activities at a particular 
                refuge or complex of geographically related 
                refuges shall be available to the Secretary of 
                the Interior, without further appropriation, to 
                pay the costs of incidental expenses related to 
                volunteer activities, and to carry out 
                cooperative agreements for the refuge or 
                complex of refuges.
  (e) Refuge Education Program Enhancement.--
          (1) Guidance.--Not later than 1 year after the date 
        of enactment of this subsection, the Secretary of the 
        Interior shall develop guidance for refuge education 
        programs to further the mission of the National 
        Wildlife Refuge System and the purposes of individual 
        refuges through--
                  (A) providing outdoor classroom opportunities 
                for students on national wildlife refuges that 
                combine educational curricula with the personal 
                experiences of students relating to fish, 
                wildlife, and plants and their habitat and to 
                the cultural and historical resources of the 
                refuges;
                  (B) promoting understanding and conservation 
                of fish, wildlife, and plants and cultural and 
                historical resources of the refuges; and
                  (C) improving scientific literacy in 
                conjunction with both formal and nonformal 
                education programs.
          (2) Refuge programs.--Based on the guidance developed 
        under paragraph (1), the Secretary of the Interior may 
        develop or enhance refuge education programs as 
        appropriate, based on the resources of individual 
        refuges and the opportunities available for such 
        programs in State, local, and private schools. In 
        developing and implementing each program, the Secretary 
        should cooperate with State and local education 
        authorities, and may cooperate with partner 
        organizations in accordance with subsection (d).
  (f) Report.--Not later than 1 year after the date of 
enactment of this subsection and every 5 years thereafter, the 
Secretary of the Interior shall submit a report to the 
Committee on Natural Resources of the House of Representatives 
and the Committee on Environment and Public Works of the 
Senate--
          (1) evaluating the accomplishments of the volunteer 
        program, the community partnerships program, and the 
        refuge education programs authorized under this 
        section, and of the National Volunteer Coordination 
        Program and volunteer coordination strategy under 
        section 4(a) of the National Wildlife Refuge System 
        Volunteer and Community Partnership Enhancement Act of 
        1998 (16 U.S.C. 742f-1); and
          (2) making recommendations to improve the 
        effectiveness of such programs, including regarding 
        implementing subparagraphs (A), (B), and (C) of 
        paragraph (1) of subsection (e).
  (g) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary of the Interior to carry out 
subsections (b), (c), (d), (e), and (f), $2,000,000 for each of 
fiscal years [2018 through 2022] 2022 through 2026.

           *       *       *       *       *       *       *


        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]