[House Report 111-531]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-531
======================================================================
NATIONAL WILDLIFE REFUGE VOLUNTEER IMPROVEMENT ACT OF 2010
_______
July 13, 2010.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 4973]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 4973) to amend the Fish and Wildlife Act of 1956 to
reauthorize volunteer programs and community partnerships for
national wildlife refuges, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend 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 ``National Wildlife Refuge Volunteer
Improvement Act of 2010''.
SEC. 2. REAUTHORIZATION OF APPROPRIATIONS TO IMPLEMENT VOLUNTEER,
COMMUNITY PARTNERSHIP AND EDUCATION PROGRAMS UNDER
FISH AND WILDLIFE ACT OF 1956.
(a) Reauthorization.--Section 7(f) of the Fish and Wildlife Act of
1956 (16 U.S.C. 742f(f)) is amended to read as follows:
``(f) 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 2011
through 2014.''.
(b) Technical Corrections.--Section 7 of the Fish and Wildlife Act of
1956 (16 U.S.C. 742f) is amended in subsections (b)(2)(B)(ii) and
(d)(2)(C)(i) by striking ``National Wildlife Refuge Administration Act
of 1966'' each place it appears and inserting ``National Wildlife
Refuge System Administration Act of 1966''.
SEC. 3. AMENDMENTS TO NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER AND
COMMUNITY PARTNERSHIP ENHANCEMENT ACT OF 1998.
Section 4(a) of the National Wildlife Refuge System Volunteer and
Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f-1) is
amended--
(1) in the subsection heading by striking ``Projects'' and
inserting ``National Volunteer Coordination Program'';
(2) by amending paragraph (1) to read as follows:
``(1) In general.--Subject to the availability of
appropriations, and in conformance with the strategy developed
under paragraph (2) and consistent with the authorities
regarding gifts, volunteer services, community partnerships,
and refuge education enhancement under section 7 of the Fish
and Wildlife Act of 1956 (16 U.S.C. 741f), the Secretary of the
Interior, through the Director of the United States Fish and
Wildlife Service, shall carry out a National Volunteer
Coordination Program within the National Wildlife Refuge System
to--
``(A) augment and support the capabilities and
efforts of Federal employees to implement resource
management, conservation, and public education programs
and activities across the National Wildlife Refuge
System;
``(B) provide meaningful opportunities for volunteers
to support the resource management, conservation, and
public education programs and activities of national
wildlife refuges or complexes of geographically related
national wildlife refuges in each United States Fish
and Wildlife Service region; and
``(C) fulfill the purpose and mission of the National
Wildlife Refuge System under the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.).'';
(3) by amending paragraph (2) to read as follows
``(2) Volunteer coordination strategy.--
``(A) In general.--No later than one year after date
of enactment of this paragraph, the Director shall
publish in the Federal Register a national strategy for
the coordination and utilization of volunteers within
the National Wildlife Refuge System.
``(B) Consultation required.--The strategy shall be
developed in consultation with State fish and wildlife
agencies, Indian tribes, refuge friends groups or
similar volunteer organizations, and other relevant
stakeholders.
``(C) Volunteer coordinators.--The Director shall
provide, subject to the availability of appropriations,
no less than one regional volunteer coordinator for
each United States Fish and Wildlife Service region to
implement the strategy published under this paragraph.
Such coordinators may be responsible for assisting
partner organizations in developing and implementing
volunteer projects and activities under cooperative
agreements under section 7(d) of the Fish and Wildlife
Act of 1956 (16 U.S.C. 742f(d)).''; and
(4) in paragraph (4), by striking ``for for each fiscal year
through fiscal year 2009'' and inserting ``for each fiscal year
through fiscal year 2014''.
SEC. 4. VOLUNTEER, COMMUNITY PARTNERSHIPS, AND EDUCATION PROGRAMS
REPORT.
(a) In General.--Section 7 of the Fish and Wildlife Act of 1956 (16
U.S.C. 742f(e)) is amended--
(1) by redesignating subsection (f) (as amended by this Act)
as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(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).''.
(b) Conforming Amendment.--Section 4(a) of the National Wildlife
Refuge System Volunteer and Community Partnership Enhancement Act of
1998 (16 U.S.C. 742f-1) is further amended by striking paragraph (3),
and by redesignating paragraph (4) (as amended by this Act) as
paragraph (3).
Purpose of the Bill
The purpose of H.R. 4973 is to amend the Fish and Wildlife
Act of 1956 to reauthorize volunteer programs and community
partnerships for national wildlife refuges, and for other
purposes.
Background and Need for Legislation
The National Wildlife Refuge System (NWRS) contains more
than 551 refuges in all fifty states and territories, and is
home to more than 700 species of birds, 220 species of mammals,
250 reptile and amphibian species, and more than 200 species of
fish. Started by President Theodore Roosevelt in 1903, the
National Wildlife Refuge System is administered by the U.S.
Fish and Wildlife Service (hereafter, ``the Service''). The
Refuge System serves as the nation's premiere system of public
lands set aside exclusively for fish and wildlife habitat
conservation, and consequently plays an integral role in our
national network of federal public lands held in trust for the
conservation and protection of natural resources.
Currently, the NWRS struggles with an estimated operations
and maintenance budget backlog of $3.7 billion. Additionally
burdensome is a proposed $4.0 million dollar cut to NWRS
operations and maintenance in the President's Fiscal Year 2011
Budget. To meet these challenges, the Service has purposefully
nurtured partnerships with ``Friends'' organizations and
recruited the contributions of volunteers to benefit the NWRS.
The effort has been productive and successful. Volunteers
assist with the physical labor associated with refuge
maintenance, conduct scientific monitoring, and lead
educational programs, to name just a few activities. Last year
more than 37,000 volunteers worked in the NWRS, donating
1,611,936 hours of time with an estimated dollar value of $32.6
million.
The National Wildlife Refuge System Volunteer and Community
Partnership Enhancement Act of 1998 (P.L. 105-242) authorized a
volunteer pilot project for the NWRS to encourage volunteer
coordination and the use of volunteers to assist in the
management of refuges within the system. The Act authorized
volunteer coordinator positions to implement the pilot program,
specific projects at the regional level, and a basic reporting
schedule. For each fiscal year, $2 million was authorized. In
2004, the National Wildlife Refuge Volunteer Act of 2004 (P.L.
108-327) reauthorized the Service to maintain volunteer
coordination projects and provided level funding authorization
through Fiscal Year 2009.
Committee Action
H.R. 4973 was introduced on March 25, 2010 by
Representative Frank Kratovil (D-MD). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on Insular Affairs, Oceans and Wildlife. On
May 6, 2010, the Subcommittee held a hearing on the bill. A
representative from the U.S. Fish and Wildlife Service
testified in support of the bill on behalf of the
administration; other witnesses representing refuge ``Friends''
groups also testified in strong support of the measure.
On May 16, 2010, the Subcommittee was discharged from the
further consideration of H.R. 4973 and the full Natural
Resources Committee met to consider the bill. Representative
Kratovil offered an amendment in the nature of a substitute to
restore level funding for the program for the next five fiscal
years. The amendment in the nature of a substitute was adopted
by unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that this Act may be cited as the
``National Wildlife Refuge Volunteer Improvement Act of 2010''.
Section 2. Reauthorization of appropriations to implement volunteer,
community partnership and education programs under Fish and
Wildlife Act of 1956
Section 2 would reauthorize existing appropriations for
each of Fiscal Years 2011 through 2014 to implement volunteer
coordination, community partnerships and education programs
authorized under section 7(f) of the Fish and Wildlife Act of
1956. The section would also make technical corrections to
references to the National Wildlife Refuge System
Administration Act of 1966.
Section 3. Amendments to National Wildlife Refuge System Volunteer and
Community Partnership Enhancement Act of 1998
Section 3 would amend section 4(a) of the National Wildlife
Refuge System Volunteer and Community Partnership Enhancement
Act of 1998 to strike the authority to conduct volunteer
coordination projects and instead direct the Service to carry
out a National Volunteer Coordination Program to augment and
support the capabilities and efforts of NWRS employees, to
provide meaningful opportunities for volunteers to support
resource management, conservation and public education programs
within the NWRS, and to fulfill the purposes of the National
Wildlife Refuge System Administration Act. The Service would
also be required to publish within one year a national
volunteer coordination strategy developed in consultation with
state fish and wildlife agencies, friends groups and other
stakeholders, and the Director of the Service would be
required, subject to the availability of appropriations, to
hire at least one volunteer coordinator in each region. This
section would also reauthorize existing annual appropriations
of $2 million for each fiscal year through 2014.
Section 4. Volunteer, community partnerships, and education programs
report
Section 4 would amend section 7 of the Fish and Wildlife
Act of 1956 to insert a reporting requirement to direct the
Service to submit a consolidated report to the Committee no
later than one year after the date of enactment on volunteer
coordination, community partnership and refuge education
activities. Subsequent reports are to be submitted every 5
years thereafter.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8, and Article IV, section 3, of the
Constitution of the United States grants Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Fish and Wildlife Act of
1956 to reauthorize volunteer programs and community
partnerships for national wildlife refuges, and for other
purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 4973--National Wildlife Refuge Volunteer Improvement Act of 2010
Summary: H.R. 4973 would authorize the appropriation of $2
million annually over the 2011-2014 period to the U.S. Fish and
Wildlife Service (USFWS) for volunteer and partnership
programs. Under those programs, the USFWS coordinates the
activities of local volunteers, nonprofit organizations, state
or local agencies, and other entities that support wildlife
refuges.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 4973 would cost $8 million
over the 2011-2015 period. Enacting the bill would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures would not apply.
H.R. 4973 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform (UMRA) and
would impose no costs on state, local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4973 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 2 2 2 2 0 8
Estimated Outlays....................................... 2 2 2 2 0 8
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
4973 will be enacted near the end of fiscal year 2010 and that
the authorized amounts will be appropriated for each year.
Estimated outlays are based on historical spending patterns for
the program.
Authorization for USFWS's volunteer and partnership
programs expired at the end of fiscal year 2009. In recent
years, the agency has received annual funding of about $2
million, the authorized amount.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 4973
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Martin von Gnechten;
Impact on state, local, and tribal governments: Melissa
Merrell; Impact on the private sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 4973 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 7 OF THE FISH AND WILDLIFE ACT OF 1956
POLICIES, PROCEDURES, RECOMMENDATIONS
Sec. 7. (a) * * *
(b)(1) * * *
(2) Use of gifts, devises, and bequests.--
(A) * * *
(B) Gifts, devises, and bequests to
particular
refuges.--
(i) * * *
(ii) Matching.--Subject to the
availability of appropriations and the
requirements of the [National Wildlife
Refuge Administration Act of 1966]
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.
* * * * * * *
(d) Community Partnership Enhancement.--
(1) * * *
(2) Cooperative agreements.--
(A) * * *
* * * * * * *
(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]
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.
* * * * * * *
(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).
[(f) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary of the Interior to carry out
subsections (b), (c), (d), and (e) $2,000,000 for each of
fiscal years 2004 through 2009.]
(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 2011 through 2014.
----------
SECTION 4 OF THE NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER AND
COMMUNITY PARTNERSHIP ENHANCEMENT ACT OF 1998
SEC. 4. VOLUNTEER ENHANCEMENT.
(a) [Projects] National Volunteer Coordination Program.--
[(1) In general.--Subject to the availability of
appropriations, the Secretary of the Interior shall
carry out a project at 2 or more national wildlife
refuges or complexes of geographically related refuges
in each United States Fish and Wildlife Service region.
[(2) Volunteer coordinator.--Each 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 later than 3 years after the date
of the enactment of the National Wildlife Refuge
Volunteer Act of 2004, and every 3 years thereafter,
the Secretary of the Interior shall submit a report to
the Committee on Resources of the House of
Representatives and the Committee on Environment and
Public Works of the Senate evaluating and making
recommendations regarding the projects.]
(1) In general.--Subject to the availability of
appropriations, and in conformance with the strategy
developed under paragraph (2) and consistent with the
authorities regarding gifts, volunteer services,
community partnerships, and refuge education
enhancement under section 7 of the Fish and Wildlife
Act of 1956 (16 U.S.C. 741f), the Secretary of the
Interior, through the Director of the United States
Fish and Wildlife Service, shall carry out a National
Volunteer Coordination Program within the National
Wildlife Refuge System to--
(A) augment and support the capabilities and
efforts of Federal employees to implement
resource management, conservation, and public
education programs and activities across the
National Wildlife Refuge System;
(B) provide meaningful opportunities for
volunteers to support the resource management,
conservation, and public education programs and
activities of national wildlife refuges or
complexes of geographically related national
wildlife refuges in each United States Fish and
Wildlife Service region; and
(C) fulfill the purpose and mission of the
National Wildlife Refuge System under the
National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.).
(2) Volunteer coordination strategy.--
(A) In general.--No later than one year after
date of enactment of this paragraph, the
Director shall publish in the Federal Register
a national strategy for the coordination and
utilization of volunteers within the National
Wildlife Refuge System.
(B) Consultation required.--The strategy
shall be developed in consultation with State
fish and wildlife agencies, Indian tribes,
refuge friends groups or similar volunteer
organizations, and other relevant stakeholders.
(C) Volunteer coordinators.--The Director
shall provide, subject to the availability of
appropriations, no less than one regional
volunteer coordinator for each United States
Fish and Wildlife Service region to implement
the strategy published under this paragraph.
Such coordinators may be responsible for
assisting partner organizations in developing
and implementing volunteer projects and
activities under cooperative agreements under
section 7(d) of the Fish and Wildlife Act of
1956 (16 U.S.C. 742f(d)).
[(4)] (3) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $2,000,000 [for for each fiscal year through
fiscal year 2009] for each fiscal year through fiscal
year 2014.
* * * * * * *