[105th Congress Public Law 242]
[From the U.S. Government Printing Office]
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[DOCID: f:publ242.105]
[[Page 1574]]
NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER AND COMMUNITY PARTNERSHIP
ENHANCEMENT ACT OF 1998
[[Page 112 STAT. 1575]]
Public Law 105-242
105th Congress
An Act
To amend the Fish and Wildlife Act of 1956 to promote volunteer programs
and community partnerships for the benefit of national wildlife refuges,
and for other purposes. <<NOTE: Oct. 5, 1998 - [H.R. 1856]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: National Wildlife Refuge System
Volunteer and Community Partnership Enhancement Act of 1998.>> Congress
assembled,
SECTION 1. SHORT <<NOTE: 16 USC 742a note.>> TITLE.
This Act may be cited as the ``National Wildlife Refuge System
Volunteer and Community Partnership Enhancement Act of 1998''.
SEC. 2. FINDINGS AND <<NOTE: 16 USC 742f note.>> PURPOSES.
(a) Findings.--Congress finds that--
(1) the National Wildlife Refuge System (referred to in this
Act as the ``System''), consisting of more than 500 refuges and
93,000,000 acres, plays an integral role in the protection of
the natural resources of the United States;
(2) the National Wildlife Refuge System Improvement Act of
1997 (Public Law 105-57; 111 Stat. 1252) significantly improved
the law governing the System, although the financial resources
for implementing this law and managing the System remain
limited;
(3) by encouraging volunteer programs and donations, and
facilitating non-Federal partnerships with refuges, Federal
funding for the refuges can be supplemented and the System can
fully benefit from the amendments made by the National Wildlife
Refuge System Improvement Act of 1997; and
(4) by encouraging refuge educational programs, public
awareness of the resources of the System and public
participation in the conservation of those resources can be
promoted.
(b) Purposes.--The purposes of this Act are--
(1) to encourage the use of volunteers to assist the United
States Fish and Wildlife Service in the management of refuges
within the System;
(2) to facilitate partnerships between the System and non-
Federal entities to promote public awareness of the resources of
the System and public participation in the conservation of those
resources; and
(3) to encourage donations and other contributions by
persons and organizations to the System.
SEC. 3. GIFTS TO PARTICULAR NATIONAL WILDLIFE REFUGES.
Section 7(b)(2) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f
(b)(2)) is amended--
(1) by striking ``(2) Any'' and inserting the following:
[[Page 112 STAT. 1576]]
``(2) Use of gifts, devises, and bequests.--
``(A) In general.--Any''; and
(2) by adding at the end the following:
``(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 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.''.
SEC. 4. VOLUNTEER ENHANCEMENT.
(a) Pilot <<NOTE: 16 USC 742f note.>> Projects.--
(1) In general.--Subject to the availability of
appropriations, the Secretary of the Interior shall carry out a
pilot project at 2 or more national wildlife refuges or
complexes of geographically related refuges in each United
States Fish and Wildlife Service region, but not more than 20
pilot projects nationwide.
(2) Volunteer coordinator.--Each pilot project shall provide
for the employment of a full-time volunteer coordinator for the
refuge or complex of geographically related refuges. The
volunteer coordinator shall be responsible for recruiting,
training, and supervising volunteers. The volunteer coordinator
may be responsible for assisting partner organizations in
developing projects and programs under cooperative agreements
under section 7(d) of the Fish and Wildlife Act of 1956 (as
added by section 5) and coordinating volunteer activities with
partner organizations to carry out the projects and programs.
(3) Report.--Not <<NOTE: Deadline.>> later than 3 years
after the date of enactment of this Act, the Secretary of the
Interior shall submit a report to the Committee on Resources of
the House of Representatives and the Committee on Environment
and Public Works of the Senate evaluating and making
recommendations regarding the pilot projects.
(4) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $2,000,000 for each
of fiscal years 1999 through 2002.
(b) Awards and Recognition for Volunteers.--Section 7(c)(2) of the
Fish and Wildlife Act of 1956 (16 U.S.C. 742f (c)(2)) is amended--
(1) by inserting ``awards (including nominal cash awards)
and recognition,'' after ``lodging,''; and
(2) by inserting ``without regard to their places of
residence'' after ``volunteers''.
[[Page 112 STAT. 1577]]
(c) Senior Volunteer Corps.--Section 7(c) of the Fish and Wildlife
Act of 1956 (16 U.S.C. 742f (c)) is amended by striking paragraph (6)
and inserting the following:
``(6) Senior volunteer corps.--The Secretary of the Interior
may establish a Senior Volunteer Corps, consisting of volunteers
over the age of 50. To assist in the recruitment and retention
of the volunteers, the Secretary may provide for additional
incidental expenses to members of the Corps beyond the
incidental expenses otherwise provided to volunteers under this
subsection. The members of the Corps shall be subject to the
other provisions of this subsection.''.
SEC. 5. COMMUNITY PARTNERSHIP ENHANCEMENT.
Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f ) is
amended by adding at the end the following:
``(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.--The Secretary of the Interior may
enter into a cooperative agreement (within the meaning
of chapter 63 of title 31, United States Code) with any
partner organization, academic institution, or State or
local government agency to carry out 1 or more projects
or programs for a refuge or complex of geographically
related refuges in accordance with this subsection.
``(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
[[Page 112 STAT. 1578]]
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 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.''.
SEC. 6. REFUGE EDUCATION PROGRAM DEVELOPMENT.
Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f ) (as
amended by section 5) is amended by adding at the end the following:
``(e) Refuge Education Program Enhancement.--
``(1) Guidance.--Not <<NOTE: Deadline.>> 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;
[[Page 112 STAT. 1579]]
``(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).''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f ) (as
amended by section 6) is amended by adding at the end the following:
``(f ) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior to carry out subsections
(b), (c), (d), and (e) $2,000,000 for each of fiscal years 1999 through
2004.''.
Approved October 5, 1998.
LEGISLATIVE HISTORY--H.R. 1856:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-329 (Comm. on Resources).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
Nov. 4, considered and passed House.
Vol. 144 (1998):
Sept. 11, considered and passed
Senate, amended.
Sept. 18, House concurred in Senate
amendments.
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