[Senate Report 111-323]
[From the U.S. Government Publishing Office]
Calendar No. 609
111th Congress Report
SENATE
2d Session 111-323
======================================================================
PUBLIC LANDS SERVICE CORPS ACT
_______
September 27, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1612]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1612) to amend the Public Lands Corps
Act of 1993 to expand the authorization of the Secretaries of
Agriculture, Commerce, and the Interior to provide service
opportunities for young Americans; help restore the nation's
natural, cultural, historic, archaeological, recreational and
scenic resources; train a new generation of public land
managers and enthusiasts; and promote the value of public
service, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the Act, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION I. SHORT TITLE.
This Act may be cited as the ``Public Lands Service Corps Act of
2010''.
SEC. 2. AMENDMENT TO SHORT TITLE.
(a) Amendment.--Section 201 of the Public Lands Corps Act of 1993
(16 U.S.C. 1701 note; 107 Stat. 848) is amended to read as follows:
``SEC. 201. SHORT TITLE; REFERENCE.
``(a) Short Title.--This title may be cited as the `Public Lands
Service Corps Act of 1993'.
``(b) References.--Any reference contained in any law, regulation,
document, paper, or other record of the United States to the `Public
Lands Corps Act of 1993' shall be considered to be a reference to the
`Public Lands Service Corps Act of 1993'.''.
SEC. 3. REFERENCE.
A reference in this Act to ``the Act'' is a reference to the Public
Lands Service Corps Act of 1993 (16 U.S.C. 1721 et seq.; title II of
Public Law 91-378).
SEC. 4. AMENDMENTS TO THE PUBLIC LANDS SERVICE CORPS ACT OF 1993.
(a) Name and Project Description Changes.-- The Act is amended--
(1) in the title heading, by striking ``PUBLIC LANDS CORPS''
and inserting ``PUBLIC LANDS SERVICE CORPS'';
(2) in section 204 (16 U.S.C. 1723), in the heading, by
striking ``PUBLIC LANDS CORPS'' and inserting ``PUBLIC LANDS
SERVICE CORPS'';
(3) in section 210(a)(2) (16 U.S.C. 1729(a)(2)), in the
heading, by striking ``Public Lands'';
(4) by striking ``Public Lands Corps'' each place it appears
and inserting ``Corps'';
(5) by striking ``conservation center'' each place it appears
and inserting ``residential conservation center'';
(6) by striking ``conservation centers'' each place it
appears and inserting ``residential conservation centers'';
(7) by striking ``appropriate conservation project'' each
place it appears and inserting ``appropriate natural and
cultural resources conservation project''; and
(8) by striking ``appropriate conservation projects'' each
place it appears and inserting ``appropriate natural and
cultural resources conservation projects''.
(b) Findings.--Section 202(a) (16 U.S.C. 1721(a)) of the Act, as
amended by subsection (a), is amended--
(1) in paragraph (1)--
(A) by striking ``Corps can benefit'' and inserting
``conservation corps can benefit''; and
(B) by striking ``the natural and cultural'' and
inserting ``natural and cultural'';
(2) by redesignating paragraphs (2) and (3) as paragraphs (4)
and (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Participants in conservation corps receive meaningful
education and training, and their experience with conservation
corps provides preparation for careers in public service.
``(3) Young men and women who participate in the
rehabilitation and restoration of the natural, cultural,
historic, archaeological, recreational, and scenic treasures of
the United States will gain an increased appreciation and
understanding of the public lands and heritage of the United
States, and of the value of public service, and are likely to
become lifelong advocates for those values.'';
(4) in paragraph (4) (as redesignated by paragraph (2)), by
inserting ``, cultural, historic, archaeological, recreational,
and scenic'' after ``Many facilities and natural''; and
(5) by adding at the end the following:
``(6) The work of conservation corps can benefit communities
adjacent to public lands and facilities through renewed civic
engagement and participation by corps participants and those
they serve, improved student achievement, and restoration and
rehabilitation of public assets.''.
(c) Purpose.--Section 202(b) (16 U.S.C. 1721(b)) of the Act is
amended to read as follows:
``(b) Purposes.--The purposes of this Act are--
``(1) to introduce young men and women to public service
while furthering their understanding and appreciation of the
natural, cultural, historic, archaeological, recreational, and
scenic resources of the United States;
``(2) to facilitate training and recruitment opportunities in
which service is credited as qualifying experience for careers
in the management of such resources;
``(3) to instill in a new generation of young men and women
from across the United States, including young men and women
from diverse backgrounds, the desire to seek careers in
resource stewardship and public service by allowing them to
work directly with professionals in agencies responsible for
the management of the natural, cultural, historic,
archaeological, recreational, and scenic resources of the
United States;
``(4) to perform, in a cost-effective manner, appropriate
natural and cultural resources conservation projects where such
projects are not being performed by existing employees;
``(5) to assist State and local governments and Indian tribes
in performing research and public education tasks associated
with the conservation of natural, cultural, historic,
archaeological, recreational, and scenic resources;
``(6) to expand educational opportunities on public lands and
by rewarding individuals who participate in conservation corps
with an increased ability to pursue higher education and job
training;
``(7) to promote public understanding and appreciation of the
missions and the natural and cultural resources conservation
work of the participating Federal agencies through training
opportunities, community service and outreach, and other
appropriate means; and
``(8) to create a grant program for Indian tribes to
establish the Indian Youth Service Corps so that Indian youth
can benefit from carrying out projects on. Indian lands that
the Indian tribes and communities determine to be
priorities.''.
(d) Definitions.--Section 203 (16 U.S.C. 1722) of the Act is
amended--
(1) by redesignating paragraphs (3) through (7), (8) through
(10), and (11) through (13) as paragraphs (5) through (9), (11)
through (13), and (15) through (17), respectively;
(2) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Appropriate natural and cultural resources conservation
project.--The term `appropriate natural and cultural resources
conservation project' means any project for the conservation,
restoration, construction, or rehabilitation of natural,
cultural, historic, archaeological, recreational, or scenic
resources.
``(2) Consulting intern.--The term `consulting intern' means
a consulting intern selected under section 206(a)(2).
``(3) Corps and public lands service corps.--The terms
`Corps' and `Public Lands Service Corps' mean the Public Lands
Service Corps established under section 204(a).
``(4) Corps participant.--The term `Corps participant' means
an individual enrolled--
``(A) in the Corps or the Indian Youth Service Corps;
or
``(B) as a resource assistant or consulting
intern.'';
(3) by inserting after paragraph (9) (as redesignated by
paragraph (1)) the following:
``(10) Indian youth service corps.--The term `Indian Youth
Service Corps' means a qualified youth or conservation corps
established under section 207 that--
``(A) enrolls individuals between the ages of 15 and
25, inclusive, a majority of whom are Indians; and
``(B) is established pursuant to a tribal resolution
that describes the agreement between the Indian. tribe
and the qualified youth or conservation corps to
operate an Indian Youth Service Corps program for the
benefit of the members of the Indian tribe.'';
(4) by amending paragraph (12) (as redesignated by paragraph
(1)) to read as follows:
``(12) Public lands.--The term `public lands' means any land
or water (or interest therein) owned or administered by the
United States, including those areas of coastal and ocean
waters, the Great Lakes and their connecting waters, and
submerged lands over which the United States exercises
jurisdiction, except that such term does not include Indian
lands.'';
(5) by amending paragraph (13) (as redesignated by paragraph
(1)) as follows:
(A) in subparagraph (A)--
(i) by striking ``full-time,'';
(ii) by inserting ``on eligible service
lands'' after ``resource setting''; and
(iii) by striking ``16'' and inserting
``15'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) makes available for audit for each fiscal year
for which the qualified youth or conservation corps
receives Federal funds under this Act, all information
pertaining to the expenditure of the funds, any
matching funds, and participant demographics.'';
(6) by inserting after paragraph 13 (as redesignated by
paragraph (1)) the following:
``(14) Residential conservation centers.--The term
`residential conservation centers' means the facilities
authorized under section 205.'';
(7) in paragraph (15) (as redesignated by paragraph (1)), by
striking ``206'' and inserting ``206(a)(1)''; and
(8) in paragraph (16) (as redesignated by paragraph (1))--
(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 lands and facilities
administered by the National Oceanic and Atmospheric
Administration, the Secretary of Commerce.''.
(e) Public Lands Service Corps Program.--Section 204 of the Act (16
U.S.C. 1723), as amended by subsection (a), is amended--
(1) by redesignating subsections (b) and (c) and subsections
(d) through (f) as subsections (c) and (d) and subsections (f)
through (h), respectively;
(2) by striking subsection (a) and inserting the following:
``(a) Establishment of Public Lands Service Corps.--There is
established in the Department of the Interior, the Department of
Agriculture, and the Department of Commerce a Public Lands Service
Corps.
``(b) Establishment of Corps Office; Coordinators; Liaison.--
``(1) Establishment of offices.--
``(A) Department of the interior.--The Secretary of
the Interior shall establish a department-level office
to coordinate the Corps activities within the
Department of the Interior.
``(B) Department of agriculture.--The Secretary of
Agriculture shall establish within the Forest Service
an office to coordinate the Corps activities within
that agency.
``(C) Department of commerce.--The Secretary of
Commerce shall establish within the National Oceanic
and Atmospheric Administration an office to coordinate
the Corps activities within that agency.
``(2) Establishment of coordinators.--The Secretary shall
designate a Public Lands Service Corps coordinator for each
agency under the jurisdiction of the Secretary that administers
Corps activities.
``(3) Establishment of liaison.--The Secretary of the
Interior shall establish an Indian Youth Service Corps liaison
that will--
``(A) provide outreach to Indian tribes about
opportunities for establishing Corps and Indian Youth
Service Corps programs; and
``(B) coordinate with the Tribal Liaison of the
Corporation for National Service to identify and
establish Corps and Indian Youth Service Corps
opportunities for Indian youth.'';
(3) by amending subsection (c) (as redesignated by paragraph
(1)) to read as follows:
``(c) Participants.--
``(1) In general.--The Secretary may enroll in the Corps
individuals who are--
``(A) hired by an agency under the jurisdiction of
the Secretary to perform work authorized under this
Act; or
``(B) members of a qualified youth or conservation
corps with which the Secretary has entered into a
cooperative agreement to perform work authorized under
this Act.
``(2) Resource assistants and consulting interns.--The
Secretary may also enroll in the Corps resource assistants and
consulting interns in accordance with section 206(a).
``(3) Eligibility requirements.--To be eligible for
enrollment as a Corps participant, an individual shall--
``(A) be between the ages of 15 and 25, inclusive;
and
``(B) satisfy the requirements of section 137(a)(5)
of the National and Community Service Act of 1990 (42
U.S.C. 12591(a)(5)).
``(4) Terms.--Each Corps participant may be enrolled in the
Corps for a term of up to 2 years of service, which may be
served over a period that exceeds 2 calendar years.
``(5) Civil service.--An individual may be enrolled as a
Corps participant without regard to the civil service and
classification laws, rules, or regulations of the United
States.
``(6) Preference.--The Secretary may establish a preference
for the enrollment as Corps participants individuals who are
economically, physically, or educationally disadvantaged.'';
(4) in subsection (d) (as redesignated by paragraph (1))--
(A) in paragraph (1)--
(i) by striking ``contracts and''; and
(ii) by striking ``subsection (d)'' and
inserting ``subsection (f)'';
(B) by striking paragraph (2); and
(C) by inserting after paragraph (1) the following:
``(2) Recruitment.--The Secretary shall carry out, or enter
into cooperative agreements to provide, a program to attract
eligible youth to the Corps by publicizing Corps opportunities
through high schools, colleges, employment centers, electronic
media, and other appropriate institutions and means.
``(3) Preference.--In entering into cooperative agreements
under paragraph (1) or awarding competitive grants to Indian
tribes or tribally authorized organizations under section 207,
the Secretary may give preference to qualified youth or
conservation corps that are located in specific areas where a
substantial portion of members are economically, physically, or
educationally disadvantaged.'';
(5) by inserting after subsection (d) (as redesignated by
paragraph (1)) the following:
``(e) Training--
``(1) In general.--The Secretary shall establish a training
program based at appropriate residential conservation centers
or at other suitable regional Federal or other appropriate
facilities or sites to provide training for Corps participants.
``(2) Requirements.--In establishing a training program under
paragraph (1), the Secretary shall--
``(A) ensure that the duration and comprehensiveness
of the training program shall be commensurate with the
projects Corps participants are expected to undertake;
``(B) develop department-wide standards for the
program that include training in--
``(i) resource stewardship;
``(ii) health and safety;
``(iii) ethics for individuals in public
service;
``(iv) teamwork and leadership; and
``(v) interpersonal communications;
``(C) direct the participating agencies within the
Department of the Interior, the Forest Service in the
case of the Department of Agriculture, and the National
Oceanic and Atmospheric Administration in the case of
the Department of Commerce, to develop agency-specific
training guidelines to ensure that Corps participants
are appropriately informed about matters specific to
that agency, including--
``(i) the history and organization of the
agency;
``(ii) the mission of the agency; and
``(iii) any agency-specific standards for the
management of natural, cultural, historic,
archaeological, recreational, and scenic
resources; and
``(D) take into account training already received by
Corps participants enrolled from qualified youth or
conservation corps.'';
(6) in subsection (f) (as redesignated by paragraph (1))--
(A) in paragraph (1)--
(i) in the heading, by striking ``In
general.--'' and inserting ``Use of corps;
projects.--'';
(ii) by striking ``The Secretary may utilize
the Corps or any qualified youth or
conservation corps to carry out'' and inserting
the following:
``(A) In general.--The Secretary may use the Corps to
carry out, with appropriate supervision and
training,'';
(iii) by striking ``on public lands'' and
inserting ``on eligible service lands''; and
(iv) by adding at the end the following:
``(B) Projects.--Appropriate natural and cultural
resources conservation projects carried out under this
section may include--
``(i) protecting, restoring, or enhancing
ecosystem components to promote species
recovery, improve biological diversity, enhance
productivity and carbon sequestration, and
enhance adaptability and resilience of eligible
service lands and resources to climate change
and other natural and human disturbances;
``(ii) promoting the health of eligible
service lands, including--
``(I) protecting and restoring
watersheds and forest, grassland,
riparian, estuarine, marine, or other
habitat;
``(II) reducing the risk of
uncharacteristically severe wildfire
and mitigating damage from insects,
disease, and disasters;
``(III) controlling erosion;
``(IV) controlling and removing
invasive, noxious, or nonnative
species; and
``(V) restoring native species;
``(iii) collecting biological,
archaeological, and other scientific data,
including climatological information, species
populations and movement, habitat status, and
other information;
``(iv) assisting in historical and cultural
research, museum curatorial work, oral history
projects, documentary photography, and
activities that support the creation of public
works of art related to eligible service lands;
and
``(v) constructing, repairing,
rehabilitating, and maintaining roads, trails,
campgrounds and other visitor facilities,
employee housing, cultural and historic sites
and structures, and other facilities that
further the purposes of this Act.'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Visitor services.--The Secretary may--
``(A) enter into or amend an existing cooperative
agreement with a cooperating association, educational
institution, friends group, or similar nonprofit
partner organization for the purpose of providing
training and work experience to Corps participants in
areas such as sales, office work, accounting, and
management, provided that the work experience directly
relates to the conservation and management of eligible
service lands; and
``(B) allow Corps participants to help promote
visitor safety and enjoyment of eligible service lands,
and assist in the gathering of visitor use data.
``(3) Interpretation.--The Secretary may permit Corps
participants to provide interpretation or education services
for the public under the direct and immediate supervision of an
agency employee--
``(A) to provide orientation and information services
to visitors;
``(B) to assist agency employees in the delivery of
interpretive or educational programs where audience
size, environmental conditions, safety, or other
factors make such assistance desirable;
``(C) to present programs that relate the personal
experience of the Corps participants for the purpose of
promoting public awareness of the Corps, the role of
the Corps in public land management agencies, and the
availability of the Corps to potential participants;
and
``(D) to create nonpersonal interpretive products,
such as website content, Junior Ranger program books,
printed handouts, and audiovisual programs.'';
(7) in subsection (g) (as redesignated by paragraph (1))--
(A) in the matter preceding the first paragraph, by
striking ``those projects which'' and inserting
``priority projects and other projects that''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) will instill in Corps participants a work ethic and a
sense of public service;''; and
(8) by adding at the end the following:
``(i) Other Participants.--The Secretary may allow volunteers from
other programs administered or designated by the Secretary to
participate as volunteers in projects carried out under this section.
``(j) Criminal History Checks.--
``(1) In general.--The requirements of section 189D(b) of the
National and Community Service Act of 1990 (42 U.S.C.
12645g(b)) shall apply to each individual age 18 or older
seeking--
``(A) to become a Corps participant;
``(B) to receive funds authorized under this Act; or
``(C) to supervise or otherwise have regular contact
with Corps participants in activities authorized under
this Act.
``(2) Eligibility prohibition.--If any of paragraphs (1)
through (4) of section 189D(c) of the National and Community
Service Act of 1990 (42 U.S.C. 12645g(c)(1)-(4)) apply to an
individual described in paragraph (1), that individual shall
not be eligible for the position or activity described in
paragraph (1), unless the Secretary provides an exemption for
good cause.''.
(f) Residential Conservation Centers and Program Support.--Section
205 (16 U.S.C. 1724) of the Act is amended--
(1) in the section heading, by striking ``CONSERVATION'' and
inserting ``RESIDENTIAL CONSERVATION'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary may establish residential
conservation centers for--
``(A) such housing, food service, medical care,
transportation, and other services as the Secretary
deems necessary for Corps participants; and
``(B) the conduct of appropriate natural and cultural
resources conservation projects under this Act.'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively;
(D) in paragraph (2) (as redesignated by subparagraph
(C)), in the heading, by striking ``for conservation
centers''; and
(E) in paragraph (3) (as redesignated by subparagraph
(C)), by striking ``a State or local government
agency'' and inserting ``another Federal agency, State,
local government,'';
(3) in subsection (b)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Temporary housing.--The Secretary may make arrangements
with another Federal agency, State, local government, or
private organization to provide temporary housing for Corps
participants as needed and available.
``(3) Transportation.--In project areas where Corps
participants can reasonably be expected to reside at their own
homes, the Secretary may fund or provide transportation to and
from project sites.'';
(4) by redesignating subsection (d) as subsection (f);
(5) by inserting after subsection (c) the following:
``(d) Facilities.--The Secretary may, as an appropriate natural and
cultural resources conservation project, direct Corps participants to
aid in the construction or rehabilitation of residential conservation
center facilities, including housing.
``(e) Mentors.--The Secretary may recruit from programs, such as
Federal volunteer and encore service programs, and from veterans
groups, military retirees, and active duty personnel, such adults as
may be suitable and qualified to provide training, mentoring, and crew-
leading services to Corps participants.''; and
(6) in subsection (f) (as redesignated by paragraph (4)), by
striking ``that are appropriate'' and all that follows through
the period and inserting ``that the Secretary determines to be
necessary for a residential conservation center.''.
(g) Resource Assistants and Consulting Interns.--Section 206 of the
Act (16 U.S.C. 1725) is amended--
(1) in the section heading, by inserting ``AND CONSULTING
INTERNS'' before the period;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) Authorization.--
``(1) Resource assistants.--
``(A) In general.--The Secretary may provide
individual placements of resource assistants with any
agency under the jurisdiction of the Secretary that
carries out appropriate natural and cultural resources
conservation projects to carry out research or resource
protection activities on behalf of the agency.
``(B) Eligibility.--To be eligible for selection as a
resource assistant, an individual shall be at least 17
years of age.
``(C) Preference.--In selecting resource assistants
for placement under this paragraph, the Secretary shall
give a preference to 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 ensuring full
representation of women and participants from
Historically Black Colleges and Universities, Hispanic-
serving institutions, and Tribal Colleges and
Universities.
``(2) Consulting interns.--
``(A) In general.--The Secretary may provide
individual placements of consulting interns with any
agency under the jurisdiction of the Secretary that
carries out appropriate natural and cultural resources
conservation projects to carry out management analysis
activities on behalf of the agency.
``(B) Eligibility.--To be eligible for selection as a
consulting intern, an individual shall be enrolled in,
and have completed at least 1 full year at, a graduate
or professional school that has been accredited by an
accrediting body recognized by the Secretary of
Education.
``(b) Use of Existing Nonprofit Organizations.--
``(1) In general.--Whenever 1 or more non-profit
organizations can provide appropriate recruitment and placement
services to fulfill the requirements of this section, the
Secretary may implement this section through such
organizations.
``(2) Expenses.--Participating organizations shall contribute
to the expenses of providing and supporting the resource
assistants or consulting in- terns from sources of funding
other than the Secretary, at a level of not less than 25
percent of the total costs (15 percent of which may be from in-
kind sources) of each participant in the resource assistant or
consulting intern program who has been recruited and placed
through that organization.
``(3) Reporting.--Each participating organization shall be
required to submit an annual report evaluating the scope, size,
and quality of the program, including the value of work
contributed by the resource assistants and consulting interns,
to the mission. of the agency.''.
(h) Technical Amendment.--The Act is amended by redesignating
sections 207 through 211 (16 U.S.C. 1726 through 1730) as sections 209
through 213, respectively.
(i) Indian Youth Service Corps.--The Act is amended by inserting
after section 206 (16 U.S.C. 1725) the following:
``SEC. 207. INDIAN YOUTH SERVICE CORPS.
``(a) Authorization of Cooperative Agreements and Competitive
Grants.--The Secretary is authorized to enter into cooperative
agreements with, or make competitive grants to, Indian tribes and
qualified youth or conservation corps for the establishment and
administration of Indian Youth Service Corps programs to carry out
appropriate natural and cultural resources conservation projects on
Indian lands.
``(b) Application.--To be eligible to receive assistance under this
section, an Indian tribe or a qualified youth or conservation corps
shall submit to the Secretary an application in such manner and
containing such information as the Secretary may require, including--
``(1) a description of the methods by which Indian youth will
be recruited for and retained in the Indian Youth Service
Corps;
``(2) a description of the projects to be carried out by the
Indian Youth Service Corps;
``(3) a description of how the projects were identified; and
``(4) explanation of the impact of, and the direct community
benefits provided by, the proposed projects.''.
(j) Guidance.--The Act is amended by inserting after section 207
(as amended by subsection (i)) the following:
``SEC. 208. GUIDANCE.
``Not later than 18 months after funds arc made available to the
Secretary to carry, out this Act, the Secretary shall issue guidelines
for the management of programs under the jurisdiction of the Secretary
that are authorized under this Act.''.
(k) Living Allowances and Terms of Service.--Section 209 of the Act
(16 U.S.C. 1726) (as redesignated by subsection (h)) is amended by
striking subsections (a), (b), and (c) and inserting the following:
``(a) Living Allowances.--
``(1) In general.--The Secretary shall provide each Corps
participant with a living allowance in an amount established by
the Secretary.
``(2) Cost-of-living differential travel costs.--The
Secretary may--
``(A) apply a cost-of-living differential to the
living allowances established under paragraph (1); and
``(B) if the Secretary determines reimbursement to be
appropriate, reimburse Corps participants for travel
costs at the beginning and end of the term of service
of the Corps participants.
``(b) Terms of Service.--
``(1) In general.--Each Corps participant shall agree to
participate for such term of service as may be established by
the Secretary.
``(2) Consultations.--With respect to the Indian Youth
Service Corps, the term of service shall be established in
consultation with the affected Indian tribe or tribally
authorized organization.
``(c) Hiring Preference and Future Employment.--The Secretary may--
``(1) grant to a Corps participant credit for time served as
a Corps participant, which may be used toward future Federal
hiring;
``(2) provide to a former participant of the Corps or the
Indian Youth Service Corps noncompetitive hiring status for a
period of not more than 2 years after the date on which the
service of the candidate in the Corps or the Indian Youth
Service Corps was complete, if the candidate--
``(A) has served a minimum of 960 hours on an
appropriate natural or cultural resources conservation
project that included at least 120 hours through the
Corps or the Indian Youth Service Corps; and
``(B) meets Office of Personnel Management
qualification standards for the position for which the
candidate is applying;
``(3) provide to a former resource assistant or consulting
intern noncompetitive hiring status for a period of not more
than 2 years after the date on which the individual has
completed an undergraduate or graduate degree, respectively,
from an accredited institution, if the candidate--
``(A) successfully fulfilled the resource assistant
or consulting intern program requirements; and
``(B) meets Office of Personnel Management
qualification standards for the position for which the
candidate is applying; and
``(4) provide, or enter into contracts or cooperative
agreements with qualified employment agencies to provide,
alumni services such as job and education counseling,
referrals, verification of service, communications, and other
appropriate services to Corps participants who have completed
the term of service.''.
(l) National Service Educational Awards.--Section 210 (16 U.S.C.
1727) of the Act (as redesignated by subsection (h)) is amended--
(1) in subsection (a) (as amended by subsection (a)(4)), in
the first sentence--
(A) by striking ``participant in the Corps or a
resource assistant'' and inserting ``Corps
participant''; and
(B) by striking ``participant or resource assistant''
and inserting``Corps participant''; and
(2) in subsection (b)--
(A) by striking, ``either participants in the Corps
or resource assistants'' and inserting ``Corps
participants''; and
(B) by striking ``or a resource assistant''.
(m) Nondisplacement.--Section 211 of the Act (16 U.S.C. 1728) (as
redesignated by subsection (h)) is amended by striking ``activities
carried out'' and all that follows through the period and inserting
``Corps participants.''.
(n) Funding.--Section 212 of the Act (16 U.S.C. 1729) (as
redesignated by subsection (h)) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking
``non-federal sources'' and inserting ``sources
other than the Secretary''; and
(ii) by inserting after the second sentence
the following: ``The Secretary may pay up to 90
percent of the costs of a project if the
Secretary determines that the reduction is
necessary to enable participation from a
greater range of organizations or
individuals.''; and
(B) in paragraph (2), by inserting ``or Indian Youth
Service Corps'' after ``Corps'' each place it appears;
(2) by amending subsection (b) to read as follows:
``(b) Funds Available Under National and Community Service Act.--To
carry out this Act, the Secretary shall be eligible to apply for and
receive assistance under section 121(b) of the National and Community
Service Act (42 U.S.C. 12571(b)).''; and
(3) in subsection (c)--
(A) by striking ``section 211'' and inserting
``section 213''; and
(B) by inserting ``or Indian Youth Service Corps''
after ``Corps''.
(o) Authorization of Appropriations.--Section 213 of the Act (16
U.S.C. 1730) (as redesignated by subsection (h)) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--There are authorized to be appropriated such
sums as may be necessary to carry out this Act.'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
Purpose
The purpose of H.R. 1612 is to improve and expand the
activities carried out under the Public Lands Corps Act of
1993.
Background and Need
The Public Lands Corps was established by the Public Lands
Corps Act of 1993 (Pub. L. 103-82; hereinafter ``the 1993
Act'') to encourage young adults to carry out a wide range of
service projects on public lands. The National Park Service has
supported a wide range of Public Lands Corps projects since
1997, but the authority was not used by other agencies. 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. While youth conservation corps have a strong record of
restoring, maintaining, and improving public lands in a cost-
effective and efficient manner working in partnership with
Federal land management agencies, the 2005 amendments
nevertheless had a limited effect on expanding the use of the
program. However, interest in the program has continued to
grow.
Corps programs benefit young men and women by providing
them with public service, service-learning, job training, and
work opportunities. It also introduces a diversity of young
people to careers in natural and cultural resource stewardship
and public service by working directly with conservation
professionals in land management agencies. This work also
promotes the understanding of and appreciation for the
agencies' missions, and provides potential pathways to Federal
careers in the public land management agencies, which are in
need of a new generation of employees.
H.R. 1612 would expand and strengthen the 1993 Act by
creating a ``consulting intern'' program for graduate students
who help agencies carry out management analysis activities,
facilitating career placement for corps participants,
emphasizing partnerships and learning opportunities,
authorizing additional financial and administrative support for
corps participants, and establishing an Indian Youth Service
Corps to be managed by tribally authorized organizations. H.R.
1612 also diversifies the types of projects and activities that
may be carried out by the corps, including such activities as
historical and cultural research, museum curatorial work, oral
history projects, documentary photography, public and web
information and services, and visitor safety projects.
Legislative History
H.R. 1612 was introduced by Representative Grijalva on
March 19, 2009, and was passed by the House of Representatives,
as amended, on March 20, 2010, by a vote of 288 to 116. Senator
Bingaman introduced a similar bill (S. 1442) on July 10, 2009.
The Subcommittee on Public Lands and Forests held a hearing on
the bills on October 29, 2009 (S. Hrg. 111-223).
At its business meeting on July 21, 2010, the Committee on
Energy and Natural Resources ordered H.R. 1612 favorably
reported with an amendment in the nature of a substitute.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 21, 2010, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 1612, if amended
as described herein.
Committee Amendment
During its consideration of H.R. 1612, the Committee
adopted an amendment in the nature of a substitute. The
amendment makes a number of technical and conforming amendments
to H.R. 1612. The amendment also includes new provisions that
authorize a program to establish an Indian Youth Service Corps
and reduce the minimum age for participants to 15 years,
eliminates provisions regarding green building standards, and
modifies provisions regarding criminal history checks, cost-
sharing, and appropriations. The amendment is explained in
detail in the section-by-section analysis below.
Section-by-Section Analysis
Section 1 provides the short title for the Act.
Section 2 amends the short title of the 1993 Act and
provides for references to the original short title to be
considered references to the amended short title.
Section 3 provides that ``the Act'' in the Public Lands
Service Corps Act of 2010 refers to the Public Lands Service
Corps Act of 1993.
Section 4(a) of the Act makes several conforming amendments
to the 1993 Act.
Subsections (b), (c), and (d) amend the findings, purposes,
and definitions, respectively, in the 1993 Act.
Subsection (e) amends section 204 of the 1993 Act to add a
Public Lands Service Corps program in the National Oceanic and
Atmospheric Administration in the Department of Commerce to
create Federal offices and coordinators for Corps activities,
to establish an Indian Youth Service Corps liaison in the
Department of the Interior, and to provide that individuals may
enroll in the Corps for no more than a total of 2 years. It
also eliminates explicit contracting authority for the Corps,
emphasizing the use of cooperative agreements with qualified
youth or conservation corps as the primary mechanism for
carrying out the program; adds provisions for recruitment and
training programs for Corps members; describes and expands the
types of projects that may be carried out through the Corps;
and clarifies that volunteers from other programs, such as the
Retired Senior Volunteer Program, may participate in Corps
projects. Finally, it adds a requirement for certain Corps
participants, recipients of Corps program funding, and
supervisors to submit to a criminal history check in accordance
with section 189D(b) of the National and Community Service Act
(42 U.S.C. 12645g(b)), and precludes any individual under the
jurisdiction of the Secretary or that is formally connected to
the Corps from enrolling, receiving funds, or having regular
contact with Corps participants during their program activities
if that individual refuses to submit to--or makes a false
statement in connection with--a criminal history check, is
registered--or is required to be registered--on a State sex
offender registry or the National Sex Offender Registry, or has
been convicted of murder (as described in 18 U.S.C. 1111).
Subsection (f) amends section 205 of the 1993 Act to
clarify that the Secretaries may provide temporary housing and
transportation for Corps participants, and may recruit mentors,
supervisors, and others to help train and lead the Corps.
Subsection (g) amends section 206 of the 1993 Act to add a
``consulting intern'' program to the Corps to carry out
management analysis for agencies in the three participating
Departments. This provision builds on the National Park
Service's successful use of consulting interns from business
and public management graduate schools to help develop business
plans for units of the National Park System.
Subsection (h) is a technical amendment, which renumbers
sections of the 1993 Act.
Subsections (i) adds a new section 207 to the 1993 Act to
authorize the Secretaries to enter into cooperative agreements
and make competitive grants to Indian tribes to establish an
Indian Youth Service Corps to focus on carrying out appropriate
natural and cultural resources conservation projects on Indian
lands.
Subsection (j) adds a new section 208 to the 1993 Act to
require the Secretaries to issue guidelines for the management
of the Corps programs under their jurisdiction.
Subsection (k) clarifies that the Secretaries may reimburse
Corps participants for the cost of travel to and from the Corps
program and modifies the Federal hiring provisions of the 1993
Act.
Subsections (l) and (m) make conforming changes to the
National Service Educational Awards and non-displacement
provisions of the 1993 Act, respectively.
Subsection (n) amends the funding provisions of the 1993
Act to permit qualified youth and conservation corps to use
other Federal funds, such as those from the Corporation for
National and Community Service, to meet their cost-sharing
requirements, and to permit the Secretaries to reduce the cost-
sharing requirements from 25% to not less than 10% under
certain circumstances.
Subsection (o) amends the authorization of appropriations
for the Corps. Originally, the 1993 Act implicitly authorized
the appropriation of such sums as were necessary to carry out
the Act. However, no funds were appropriated, and the 1993 Act
subsequently was amended to explicitly authorize $12,000,000.
Only a fraction of that amount has ever been appropriated, and
H.R. 1612 would further amend the Act to return to a more
simple authorization of such sums as are necessary to carry out
the Act.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 1612--Public Lands Service Corps Act of 2010
Summary: H.R. 1612 would amend the Public Lands Corps Act
of 1993, which governs programs that assist and employ young
adults to work on lands managed by the Department of the
Interior (DOI), the Forest Service, and other federal agencies.
Assuming appropriation of the necessary amounts, CBO estimates
that implementing the legislation would cost $136 million over
the 2011-2015 period. Enacting H.R. 1612 would not affect
revenues or direct spending; therefore, pay-as-you-go
procedures do not apply.
H.R. 1612 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1612 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
Estimated Authorization Level..................... 35 35 35 35 35 175
Estimated Outlays................................. 12 22 32 35 35 136
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
1612 will be enacted near the beginning of fiscal year 2011 and
that the amounts estimated to be necessary will be appropriated
for each year. Estimated outlays are based on historical
spending patterns for the Public Lands Corps.
In addition to changing the name of the Public Lands Corps
(PLC) to the Public Lands Service Corps (PLSC), H.R. 1612
would:
Expand the program to include the National
Oceanic and Atmospheric Administration (NOAA);
Assist Indian tribes and related youth
groups with operation of an Indian Youth Service Corps;
Require DOI to establish a department-level
office to coordinate PLSC programs among its various
bureaus;
Emphasize that training for participants
should be provided at federal residential centers;
Authorize federal appropriations to be used
for transportation subsidies; and
Eliminate the PLC program's current
authorization ceiling of $12 million a year.
Public Lands Corps under current law
The Public Lands Corps is a network of young men and women,
most of whom are recruited by federal land management agencies
through nonprofit organizations such as the Student
Conservation Association and more than 100 local conservation
service corps.
Several agencies, such as the U.S. Forest Service, the
National Park Service (NPS), the Bureau of Land Management
(BLM), and the U.S. Fish and Wildlife Service (USFWS), use
members of the corps and students from other programs to build
trails, perform maintenance, and carry out other projects in
exchange for benefits such as training, living allowances, and
medical care.
Existing corps programs vary by agency and funding source.
Currently, only some agencies receive specific appropriations.
For example, the Forest Service receives appropriations for
some PLC projects, but the funding (less than $3 million in
2010) may only be used for hazardous fuels reduction. The NPS
also receives funding for PLC projects, but usually that
funding is derived from recreation fees that the agency is able
to use without appropriation action. In addition, for the first
time in 2010, the agency received $5 million to expand youth
activities at parks. Other agencies work with student
conservation groups using funds from their annual operating
budgets.
Public Lands Service Corps under H.R. 1612
H.R. 1612 would significantly expand PLC programs and
change the corps' name to the Public Lands Service Corps. Under
H.R. 1612, participants could receive classroom education, job
training, transportation subsidies, housing during their time
in the program, and hiring preferences upon completion of their
tenure. The legislation also would expand the types of
activities in which PLSC members could participate.
In addition, H.R. 1612 would authorize DOI to provide
grants and other assistance to Indian tribes and related youth
organizations for a new Indian Youth Service Corps. Finally,
the act would require criminal history checks for program
applicants aged 18 or older.
The effect of H.R. 1612 on discretionary spending is
uncertain, largely because total costs would depend on how the
Administration chooses to implement the legislation and on how
much funding the Congress would provide in appropriation acts.
Based on information provided by the affected agencies, CBO
expects that all of those agencies, including the newly added
NOAA, would take advantage of the authorities provided by the
legislation.
For this estimate, CBO assumes that the land management
agencies and NOAA would, over the next five years, implement
H.R. 1612 by expanding their use of federal-nonprofit
partnerships. We expect that the affected agencies would need a
total of about $35 million annually for this purpose. Such
funding would allow agencies that have smaller programs
(including the USFWS and BLM) to expand their programs,
primarily by working with nonprofit corps in areas such as
wildlife refuges and national monuments. The funding would also
enable the Forest Service to expand the scope of its corps
programs to encompass more activities such as trail
construction and facility maintenance. This level of funding
also would allow the NPS to expand its existing program--the
largest of any of the agencies. Finally, this funding would
allow DOI to provide grants to Indian tribes and other
organizations for youth projects on tribal lands.
The estimated annual cost of $35 million also includes
funds to operate an office at DOI to coordinate the
department's activities and to provide participants with extra
training, allowances, and transportation subsidies, Finally,
the estimate includes costs to provide criminal background
checks on participants as required by the legislation. Some of
the affected agencies already obtain such checks on
participants that they hire directly, but most do not for
participants hired through local youth groups. Amounts paid to
those groups for public lands projects would probably have to
increase by the amount needed for the background checks. The
cost of preparing those checks is about $125 a person.
CBO estimates that funding for the PLSC would grow after
the first five years as agencies use the enhanced authorities
contained in the legislation to recruit participants directly
to their programs. CBO estimates that implementing the expanded
program would require a significant increase in funding after
2015.
This estimate is based on information provided by the NPS,
the Forest Service, BLM, and nonprofit organizations that
operate local conservation corps.
Intergovernmental and private-sector impact: H.R. 1612
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On October 6, 2009, CBO transmitted
a cost estimate for H.R. 1612 as ordered reported by the House
Committee on Natural Resources on June 10, 2009. The two
versions of the legislation are similar, but as reflected in
the estimate, implementing the Senate version would cost more
because it would require an Indian grant program and security
checks on participants for all programs.
Estimate prepared by: Federal costs: Deborah Reis; Impact
on state, local, and tribal governments: Melissa Merrell;
Impact on the private sector: Marin Randall.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
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 H.R. 1612.
The Act 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 H.R. 1612, as ordered reported.
Congressionally Directed Spending
H.R. 1612, 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 views of the Department of Agriculture and the
Department of the Interior were included in testimony received
by the Committee at the October 29, 2009, subcommittee hearing
on S. 1442 and H.R. 1612, which is printed below:
Statement of Robert G. Stanton, Deputy Assistant Secretary for Policy
and Program Management, Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 1442, a bill that would amend the Public
Lands Corps Act of 1993 to expand the authorization of the
Secretaries of the Interior, Agriculture and Commerce to
provide service-learning opportunities on public lands, help
restore the Nation's natural, cultural, historic,
archaeological, recreational and scenic resources, train a new
generation of public land managers and enthusiasts, and promote
the value of public service.
The Department strongly supports S. 1442. This bill would
strengthen and facilitate the use of the Public Land Corps
(PLC) program, helping to fulfill the vision that Secretary
Salazar has for promoting ways to engage young people across
America to serve their community and their country. On April 2,
2009, the Department testified in support of the House
companion bill, H.R. 1612. While we are strongly supportive of
S. 1442, there are a few areas where we would like to suggest
some changes. We commit to working with the committee to
address these recommendations.
engaging america's youth through service
While there are other Federal programs that promote
service, expanding the use of the Public Land Corps could be a
particularly important part of our overall strategy for
increasing opportunities and incentives for young people to
become involved because this program serves other high-priority
goals as well. Through it, we could reconnect young people with
their natural environment and cultural heritage; make progress
on energy conservation and the use of alternative sources of
energy; and provide education, training, and career-building
experiences--and a pathway to careers in Federal land
management agencies, which are in serious need of new, younger
employees.
Secretary Salazar created the Youth in Natural Resources
program during his tenure at the Colorado Department of Natural
Resources as a way to educate thousands of young people about
Colorado's natural resources, and he saw firsthand what a
difference it made in their lives. From the day he was
nominated as Secretary of the Interior, he has emphasized that
it would be one of his top priorities to find more ways to
introduce young Americans from all backgrounds to the beauty of
our national parks, refuges, and public lands and to promote an
ethic of volunteerism and conservation in the younger
generation. Enactment of this legislation could pave the way to
meeting one of the Secretary's top priority goals--to develop a
21st Century Youth Civilian Conservation Corps.
background on public land corps program
The Department regards the Public Land Corps program as an
important and successful example of civic engagement and
conservation. Authorized by the National and Community Service
Trust Act in 1993, the program uses non-profit organizations
such as the Student Conservation Association (SCA) and other
service and conservation corps organizations affiliated with
the Corps Network as the primary partners in administering the
Public Land Corps program. In addition, other non-profit youth
organizations such as the YMCA also participate, as do local
high schools and job-training youth organizations. The youth
organizations assist the National Park Service (NPS) in its
efforts to attract diverse participants to the parks by
recruiting youth 16-25 years of age from all socioeconomic,
cultural and ethnic backgrounds.
The National Park Service makes extensive use of the PLC
program. Projects are funded through recreational fee revenue,
with the typical project receiving $25,000 from NPS plus a 25
percent match from a partner organization. NPS spent $4.1
million on the program in FY 2008, which funded about 1,500
young men and women working on 178 projects at 99 park units.
Most PLC projects at parks are designed to address maintenance
and ecological restoration needs. The NPS also conducts other
youth service and conservation projects at larger parks which
are funded out of the parks' own budgets.
NPS also spent more than $3 million on the Youth
Conservation Corps program which is a summer employment program
for 15-18 year old youth. NPS in fiscal year 2008 employed 833
youth to work on conservation projects across the country. The
YCC program has been administered by the National Park Service
since 1974.
The Bureau of Land Management (BLM) and the U.S. Fish and
Wildlife Service (FWS) have a long history of employing youth
service and conservation corps participants from the SCA, Youth
Conservation Corps and other organizations for a wide array of
projects related to public lands resource enhancement and
facility maintenance. Though most corps are affiliated with the
nationwide Corps Network, they are often administered at the
state, rather than national level. For example, the FWS and SCA
have partnered for over 20 years to offer work and learning
opportunities to students. In FY 2007, 122 Conservation Interns
served at 45 FWS sites in 24 states, contributing more than
80,000 hours of work.
The BLM has engaged the services of SCA interns for many
years under a longstanding national assistance agreement, then
under individual state agreements. In 2006, the last year of
BLM's national agreement, a total of 116 SCA members served at
16 BLM sites in eight states. The interns participated in a
variety of conservation service activities such as recreation
and river management, historic building restoration and
maintenance, seed collection, and invasive species control.
BLM's Salem Oregon District, for example, hires a mixture of
Northwest Youth Corps, Clackamas County, and Columbia River
Youth Corps members each year to perform a variety of
activities such as trail maintenance and construction.
The FWS manages 587 units of the National Wildlife Refuge
System that cover over 150 million acres, as well as 70
National Fish Hatcheries, which would directly benefit from
programs authorized under S. 1442. National Wildlife Refuges
and National Fish Hatcheries enjoy strong relationships with
the local communities in which they are located, and are
involved in many community-based projects that help maintain
sustainable landscapes. The FWS's work is also supported by
over 200 non-profit Friends organizations that assist in
offering quality education programs, mentoring, and work
experience for youth.
In 2007, the FWS employed 496 Youth Conservation Corps
enrollees and 177 individuals through the Student Conservation
Association program. Last year, over 39,000 volunteers
contributed their time and talents to a variety of programs
including support for youth education projects. Over the past
two years the FWS has provided funding for a YCC program
involving the Mescalero Apache youth at the Mescalero Tribal
Hatchery in New Mexico. The FWS has working relationships with
numerous colleges and universities for students interested in
pursuing careers in fish and wildlife management.
the public lands service corps act of 2009
S. 1442 would make several administrative and programmatic
changes that, in our view, would strengthen and improve the
Public Land Corps Act. These changes would encourage broader
agency use of the program, make more varied opportunities
available for young men and women, and provide more support for
participants during and after their service. Appropriately, S.
1442 would change the program's name to Public Lands Service
Corps, reflecting the emphasis on ``service'' that is the
hallmark of the program. President Obama is committed to
providing young people with greater opportunities and
incentives to serve their community and country. Through an
enhanced Public Lands Service Corps, we would be taking a
critical first step that direction.
Key changes that the legislation would make to existing law
include:
Adding the National Oceanic and Atmospheric
Administration, which administers national marine
sanctuaries, as an agency authorized to use the
program;
Establishing an Indian Youth Corps so Indian
Youth can benefit from Corps programs based on Indian
lands, carrying out projects that their tribes and
communities determine to be priorities;
Authorizing a departmental-level office at
the Department of the Interior to coordinate Corps
activities within the three land management bureaus;
Requiring each of the three relevant
departments to undertake or contract for a recruiting
program for the Corps;
Requiring each of the three relevant
departments to establish a training program for Corps
members, and identifying specific components the
training must include;
Identifying more specific types of projects
that could be conducted under this authority;
Allowing participants in other volunteer
programs to participate in PLC projects;
Allowing agencies to make arrangements with
other Federal, state, or local agencies, or private
organizations, to provide temporary housing for Corps
members;
Providing explicit authority for the
establishment of residential conservation centers, and
authorizing the Secretary to seek the assistance of the
Secretary of Energy in identifying and using solar and
other green building technologies that may be adapted
for these facilities;
Authorizing agencies to recruit experienced
volunteers from other programs to serve as mentors to
Corps members;
Adding ``consulting intern'' as a new
category of service employment under the PLC program;
Allowing agencies to apply a cost-of-living
differential in the provision of living allowances and
to reimburse travel expenses;
Allowing agencies to provide noncompetitive
hiring status for Corps members for two years after
completing service, rather than only 120 days, if
certain terms are met;
Allowing agencies to provide job and
education counseling, referrals, and other appropriate
services to Corps members who have completed their
service; and
Eliminating the $12 million authorization
ceiling for the program.
We believe that the Department's program would benefit from
enactment of this legislation. As noted above, most PLC
projects at national parks are designed to address maintenance
and ecological restoration needs, and those types of projects
would continue to be done under S. 1442. However, this
legislation specifies a broader range of potential projects,
making it likely that Corps members could become involved in
such varied activities as historical and cultural research,
museum curatorial work, oral history projects and programs,
documentary photography, public information and orientation
services that promote visitor safety, and activities that
support the creation of public works of art. Participants might
assist employees in the delivery of interpretive or educational
programs and create interpretive products such as website
content, Junior Ranger program books, printed handouts, and
audiovisual programs.
PLC participants would also be able to work for a park
partner organization where the work might involve sales, office
work, accounting, and management, so long as the work
experience is directly related to the protection and management
of public lands. The NPS and the FWS have a large number of
partner organizations that would be potential sponsors of young
people interested in the type of work they might offer.
An important change for the Department is the addition of
specific authority for agencies to pay transportation expenses
for non-residential Corps members. Transportation costs may be
a limiting factor in program participation of economically
disadvantaged young people.
Another important change is the addition of ``consulting
intern'' as a new category of service employment under the PLC
program, expanding on the use of mostly college-student
``resource assistants,'' provided for under existing law. The
consulting interns would be graduate students who would help
agencies carry out management analysis activities. NPS has
successfully used business and public management graduate
student interns to write business plans for parks for several
years, and this addition would bring these interns under the
PLC umbrella.
The Public Lands Service Corps would also offer agencies
the ability to hire successful corps members non-competitively
at the end of their appointment, which would provide the agency
with an influx of knowledgeable employees as well as career
opportunities for those interested in the agencies' mission.
Refuges and hatcheries, for example, are uniquely qualified to
connect with local communities since the Service has so many
refuges across the country that are located near smaller
communities and can directly engage urban, inner city, and
rural youth. For example, partnering academic institutions
could offer educational programs to enhance the students' work
experience, thereby providing orientation and exposure to a
broad range of career options.
The legislation would also give the Department's other
bureaus that would utilize this program the authority to expand
the scope of existing corps programs to reflect modern day
challenges, such as climate change and add incentives to
attract new participants, especially from underrepresented
populations.
An expanded Public Lands Service Corps program would
provide more opportunities for thousands of young Americans to
participate in public service while we address the critical
maintenance, restoration, repair and rehabilitation needs on
our public lands and gain a better understanding of the impacts
of climate change on these treasured landscapes.
recommended changes to s. 1442
While we are very supportive of S. 1442, there are a few
areas we would like to suggest some changes. We would be happy
to work with the committee to develop technical amendments and
changes in the following areas:
Cost sharing for nonprofit organizations
contributing to expenses of resource assistants and consulting
interns: Under current law in the case of resource assistants,
and under S. 1442 in the case of consulting interns, sponsoring
organizations are required to cost-share the expenses of
providing and supporting these individuals from ``private
sources of funding''--25 percent for resource assistants and 10
percent for consulting interns. The administration recommends
leveling this cost-requirement to 25 percent for both
categories of participants with an additional provision to give
agencies the ability to reduce the non-Federal contribution to
no less than 10 percent, but only when the Secretary determines
it is necessary to enable a greater range of organizations,
such as smaller, community-based organizations that draw from
low-income and rural populations, to participate in the PLSC
program.
Benefits for consulting interns: The Department
recommends clarifying amendments to include consulting interns
as the third type of corps member who are eligible for living
allowances; national service educational awards and forbearance
in the collection of Stafford loans. This change would allow
all three types of corps members--PLSC participants, resource
assistants, and consulting interns--to be treated equally for
purposes of eligibility for living allowances and education
benefits. We also suggest clarifying language to ensure that
members of qualifying conservation and youth corps are treated
as Corps participants. Existing law and the bill as introduced
differentiate between Corps participants, who are hired
directly by the agencies, and youth who are sponsored by other
organizations.
Hiring Preference: It is unclear whether resource
assistance would qualify for the provision of credit for time
served with the Public Lands Service Corps for future federal
hiring. We recommend that this language be clarified to ensure
resource assistants are made eligible for these benefits.
Second, S. 1442 provides that former PLSC members would be
eligible for noncompetitive hiring status for up to two years.
The Administration opposes eligibility for up to two years
because the service requirements for this program are minimal.
Therefore, we recommend making eligibility status one year,
which is consistent with other Government-wide, non-competitive
appointment authorities based on service outside of the Federal
government.
The Department further suggests including language to
ensure that time these former Corps members (both types) spent
as full-time students does not accrue against the time period
they have to use their noncompetitive hiring status. That way,
college students who served in the Corps during the summer, for
example, would be able to use their time period of
noncompetitive status after they graduate from college.
While we support the noncompetitive hiring authority for
all the different types of PLSC participants, we recommend
including language to ensure that the participants have
documented work experience within a legitimate program in order
to be eligible for this authority. In the case of youth serving
on PLSC projects though outside organizations, this could be
achieved by specifying that the participants need to achieve
the requisite hours of work within qualified youth or
conservation corps programs as defined in Section 203 of the
Act.
Agreements with Partners on Training and Employing
Corps Members: Finally, we recommend striking the provision in
S. 1442 that would allow PLSC members to receive federally
funded stipends and other PLSC benefits while working directly
for non-Federal third parties. The need for this language is
unclear, since agencies already have flexibility in how they
coordinate work with cooperating associations, educational
institutes, friends groups, or similar non-profit partnership
organizations. Yet, the language could raise unanticipated
concerns over accountability, liability, and conflicts of
interest. For example, this language could allow an individual
to receive a federally funded stipend under a PLSC agreement,
and then perform work for a different nonfederal group (such as
a cooperating association) that is subject to agency oversight
under different agreements. This language could blur the lines
of responsibility that have been established in response to IG
concerns over the management of cooperating associations and
friends groups.
Mr. Chairman, that concludes my remarks. I would be happy
to answer any questions you or the other members of the
subcommittee have.
----------
Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest
Service, Department of Agriculture
Good afternoon Mr. Chairman, Ranking Member Barrasso and
members of the Subcommittee, thank you for the opportunity to
testify before you today on S. 1442, the Public Lands Service
Corps Act of 2009.
introduction
On April 2, 2009, the Department testified in strong
support of H.R. 1612 at a hearing on the House of
Representatives version of the current bill. The Department
strongly supports S. 1442. This bill would strengthen and
facilitate the use of the Public Lands Corps program, helping
to fulfill the vision that Secretary Vilsack has for
reconnecting people to the land by promoting ways to engage
youth across America to serve their community and their
country. We have much work to do in restoring our forests, some
of which can be achieved through the robust partnerships that
this bill creates.
public lands service corps act of 2009
S. 1442 would strengthen and improve the Public Land Corps
Act by making several administrative and programmatic changes
that would encourage broader agency use of the program, as well
as foster opportunities that are more varied for young men and
women. The amendment would also enhance participant support for
Corps enrollees during and after their service. Appropriately,
S. 1442 would change the program's name to Public Lands Service
Corps, reflecting an emphasis on ``service.''
Most projects implemented by the Forest Service's
Volunteer,\1\ Youth\2\ and Hosted Programs\3\ in the national
forests and grasslands are designed to address needs for
maintenance and ecological restoration, while providing a
service-learning opportunity for the enrolled youth. We fully
expect those types of projects would continue to be completed
under S. 1442. However, this amendment specifies a broader
range of potential projects, making it likely that Corps
members would become involved with the varied activities of the
Forest Service mission including the Deputy Areas for Forestry
Research and Development, National Forest Systems, State and
Private Forestry and Business Operations.
---------------------------------------------------------------------------
\1\Youth aged 15 to 18 e.g. YCC
\2\Domestic and international
\3\Conservation partnerships with non-governmental organizations
---------------------------------------------------------------------------
forest service history and involvement with corps and youth
Beginning in 1933 with Camp Roosevelt, the first Civilian
Conservation Corps (CCC) camp located on the George Washington
National Forest, the Forest Service has had a long and robust
association with youth and young adult conservation corps.
Indeed, the Forest Service Job Corps Program, authorized by
Congress in 1964, is modeled after the CCC of the 1930(s). The
Forest Service operates this program pursuant to an agreement
with the Secretary of Labor.\4\ Since enactment of the Youth
Conservation Corps Act of 1970 (Public Law 91-378), the Forest
Service has sponsored the Youth Conservation Corps for young
men and women age 16 through 18, who complete service-learning
projects on National Forest System lands. Many current agency
employees, inspired by their service-learning and association
with the Forest Service, initiated their career aspirations
through involvement with the Youth Conservation Corps.
---------------------------------------------------------------------------
\4\Under the authority of Title 1-C of the Workforce Investment Act
(WIA), which generally authorizes the Job Corps program, the Department
of Labor transfers funds to the Forest Service to operate its Job Corps
Centers.
---------------------------------------------------------------------------
The Department regards the Public Land Corps program as an
important and successful example of civic engagement and
conservation service for the Nation's youth. National Forest
System lands are a place for Public Lands Service Corps
participants to learn and practice an array of conservation,
preservation, interpretation and cultural resource skills.
Indeed, in forty-two states and Puerto Rico the Forest Service
has already benefited greatly over the years from the service
and volunteer work on National Forest System lands.
One example, the Rocky Mountain Youth Corps (RMYC),
headquartered in Taos, NM, annually enrolls nearly 150 at-risk
youth and has a long-standing partnership with the Carson
National Forest. Through the Collaborative Forest Restoration
Program (CFRP), authorized by Public Law 106-393, and designed
to involve citizens and youth in the management and care of
national forests and grasslands, 30 RMYC Corps members recently
completed a three-year thinning project on the Carson National
Forest. The purpose of the project was to reduce the risk of
catastrophic wildfire, thereby making the area safer for homes
and people. Throughout the project, Corps members received
tangible training and experience. Many of the enrollees could
go on to careers in forestry, wildlife and natural resource
management.
Our second example is from the summer of 2009. The Wyoming
Conservation Corps (WCC), housed within the University of
Wyoming's School of Environment and Natural Resources, engaged
more than 40 young people to clear dead trees from trails and
campgrounds on the Medicine Bow National Forest. The service
work was performed to make trails and campgrounds safer for
visitor use and enjoyment. Following their experience with WCC,
many of these young people expressed an interest in pursuing
careers in land and natural resource management.
A third example is the Northwest Youth Corps. For over 20
years, the non-profit, community-based organization in Eugene,
OR, has been a partner with the Forest Service, Bureau of Land
Management, and other natural resource and land management
agencies. This collaboration has provided service-learning
opportunities for over 10,000 youth.
implementation and expertise
S. 1442 would grant the Secretary the discretion to
establish residential conservation centers to include housing,
food service, medical care, transportation, and other services
associated with residential living arrangements. The Forest
Service is uniquely situated to play a key role in the
coordination and management of the residential conservation
centers for the Public Lands Service Corps through its Job
Corps Program. The Forest Service Job Corps Program would
likely be the coordinating office for Public Lands Service
Corps residential conservation centers in the Forest Service.
The Forest Service Job Corps Program has the institutional
capacity to operate residential facilities successfully.
However, there are a number of implementation issues that need
to be considered in establishing new residential conservation
centers. These include the costs of operating and maintaining
the facilities, potential liability issues, and questions about
the impact on contract and labor laws and the need for a
structured behavior management program to ensure the health and
safety of students and staff. In implementing the residential
living centers authorized by the act, we intend to work closely
with the Department of Labor to ensure that any new
responsibilities and activities undertaken by the Forest
Service Job Corps Program will neither divert Job Corps
resources nor detract from carrying out the existing Job Corps
program mission. In addition, we would appreciate the
opportunity to work with the sponsors and the Subcommittee to
address these implementation issues in the bill.
conclusion
In conclusion, the Department of Agriculture welcomes S.
1442, which would increase the opportunity for Public Lands
Service Corps members to leverage their education and work
experience in obtaining permanent, full-time employment with
Federal agencies. By completing service-learning projects in
the Public Lands Corps, a skilled cadre of young and diverse
natural resource professionals would be available to meet some
of the staffing needs of agencies. Mr. Chairman and Members of
the Committee this concludes my prepared statement. I am happy
to answer any questions that you or Members of the Committee
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
the Act H.R. 1612 as ordered 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)
(16 U.S.C. 1721-1729)
TITLE II--[PUBLIC LANDS CORPS] PUBLIC LANDS SERVICE CORPS
[SEC. 201. SHORT TITLE.
[This title may be cited as the ``Public Lands Corps Act of
1993''.]
SEC. 201. SHORT TITLE; REFERENCE.
(a) Short Title.--This title may be cited as the ``Public
Lands Service Corps Act of 1993''.
(b) References.--Any reference contained in any law,
regulation, document, paper, or other record of the United
States to the ``Public Lands Corps Act of 1993'' shall be
considered to be a reference to the ``Public Lands Service
Corps Act of 1993''.
SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Conserving or developing natural and cultural
resources and enhancing and maintaining environmentally
important lands and waters through the use of the
Nation's young men and women in a [Public Lands Corps
can benefit] conservation corps can benefit those men
and women by providing them with education and work
opportunities, furthering their understanding and
appreciation of [the natural and cultural] natural and
cultural resources, and providing a means to pay for
higher education or to repay indebtedness they have
incurred to obtain higher education while at the same
time benefiting the Nation's economy and its
environment.
(2) Participants in conservation corps receive
meaningful education and training, and their experience
with conservation corps provides preparation for
careers in public service.
(3) Young men and women who participate in the
rehabilitation and restoration of the natural,
cultural, historic, archaeological, recreational, and
scenic treasures of the United States will gain an
increased appreciation and understanding of the public
lands and heritage of the United States, and of the
value of public service, and are likely to become life-
long advocates for those values.
[(2)](4) Many facilities and natural, cultural,
historic, archaeological, recreational, and scenic
resources located on eligible service lands are in
disrepair or degraded and in need of labor intensive
rehabilitation, restoration, and enhancement work which
cannot be carried out by Federal agencies at existing
personnel levels.
[(3)](5) Youth conservation corps have established a
good record of restoring and maintaining these kinds of
facilities and resources in a cost effective and
efficient manner, especially when they have worked in
partnership arrangements with government land
management agencies.
(6) The work of conservation corps can benefit
communities adjacent to public lands and facilities
through renewed civic engagement and participation by
corps participants and those they serve, improved
student achievement, and restoration and rehabilitation
of public assets.
[(b) Purpose.--It is the purpose of this title to--
[(1) perform, in a cost-effective manner, appropriate
conservation projects on eligible service lands where
such projects will not be performed by existing
employees;
[(2) assist governments and Indian tribes in
performing research and public education tasks
associated with natural and cultural resources on
eligible service lands;
[(3) expose young men and women to public service
while furthering their understanding and appreciation
of the Nation's natural and cultural resources;
[(4) expand educational opportunities by rewarding
individuals who participate in national service with an
increased ability to pursue higher education or job
training; and
[(5) stimulate interest among the Nation's young men
and women in conservation careers by exposing them to
conservation professionals in land managing agencies.]
(b) Purposes.--The purposes of this Act are--
(1) to introduce young men and women to public
service while furthering their understanding and
appreciation of the natural, cultural, historic,
archaeological, recreational, and scenic resources of
the United States;
(2) to facilitate training and recruitment
opportunities in which service is credited as
qualifying experience for careers in the management of
such resources;
(3) to instill in a new generation of young men and
women from across the United States, including young
men and women from diverse backgrounds, the desire to
seek careers in resource stewardship and public service
by allowing them to work directly with professionals in
agencies responsible for the management of the natural,
cultural, historic, archaeological, recreational, and
scenic resources of the United States;
(4) to perform, in a cost-effective manner,
appropriate natural and cultural resources conservation
projects where such projects are not being performed by
existing employees;
(5) to assist State and local governments and Indian
tribes in performing research and public education
tasks associated with the conservation of natural,
cultural, historic, archaeological, recreational, and
scenic resources;
(6) to expand educational opportunities on public
lands and by rewarding individuals who participate in
conservation corps with an increased ability to pursue
higher education and job training;
(7) to promote public understanding and appreciation
of the missions and the natural and cultural resources
conservation work of the participating Federal agencies
through training opportunities, community service and
outreach, and other appropriate means; and
(8) to create a grant program for Indian tribes to
establish the Indian Youth Service Corps so that Indian
youth can benefit from carrying out projects on Indian
lands that the Indian tribes and communities determine
to be priorities.
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.]
(1) Appropriate natural and cultural resources
conservation project.--The term ``appropriate natural
and cultural resources conservation project'' means any
project for the conservation, restoration,
construction, or rehabilitation of natural, cultural,
historic, archaeological, recreational, or scenic
resources.
(2) Consulting intern.--The term ``consulting
intern'' means a consulting intern selected under
section 206(a)(2).
(3) Corps and public lands service corps.--The terms
``Corps'' and ``Public Lands Service Corps'' mean the
Public Lands Service Corps established under section
204(a).
(4) Corps participant.--The term ``corps
participant'' means an individual enrolled--
(A) in the Corps or the Indian Youth Service
Corps; or
(B) as a resource assistant or consulting
intern.
[(3)](5) Eligible service lands.--The term ``eligible
service lands'' means public lands, Indian lands, and
Hawaiian home lands.
[(4)](6) Hawaiian home lands.--The term ``Hawaiian
home lands'' means all lands given the status of
Hawaiian home lands under section 204 of the Hawaiian
Homes Commission Act, 1920 (42 Stat. 110), or under the
corresponding provision of the Constitution of the
State of Hawaii adopted under section 4 of the Act
entitled ``An Act to provide for the admission of the
State of Hawaii into the Union'', approved March 18,
1959 (Public Law 86-3; 73 Stat. 5).
[(5)](7) 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)](8) 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
groups, 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)](9) 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.
(10) Indian youth service corps.--The term ``Indian
Youth Service Corps'' means a qualified youth or
conservation corps established under section 207 that--
(A) enrolls individuals between the ages of
15 and 25, inclusive, a majority of whom are
Indians; and
(B) is established pursuant to a tribal
resolution that describes the agreement between
the Indian tribe and the qualified youth or
conservation corps to operate an Indian Youth
Service Corps program for the benefit of the
members of the Indian tribe.
[(8)](11) Priority project.--The term ``priority
project'' means an [appropriate conservation project]
appropriate natural and cultural resources conservation
projects conducted on eligible service lands to further
1 or more of the purposes of the Healthy Forests
Restoration Act of 2003 ( 16 U.S.C. 6501 et seq.), as
follows:
(A) To reduce wildfire risk to a community,
municipal water supply, or other at-risk
Federal land.
(B) To protect a watershed or address a
threat to forest and rangeland health,
including catastrophic wildfire.
(C) To address the impact of insect or
disease infestations or other damaging agents
on forest and rangeland health.
(D) To protect, restore, or enhance forest
ecosystem components to--
(i) promote the recovery of
threatened or endangered species;
(ii) improve biological diversity; or
(iii) enhance productivity and carbon
sequestration.
[(9) Public lands.--The term ``public lands'' means
any lands or waters (or interest therein) owned or
administered by the United States, except that such
term does not include any Indian lands.]
(12) Public lands.--The term ``public lands'' means
any land or water (or interest therein) owned or
administered by the United States, including those
areas of coastal and ocean waters, the Great Lakes and
their connecting waters, and submerged lands over which
the United States exercises jurisdiction, except that
such term does not include Indian lands.
[(10)](13) 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] 15 and 25, inclusive, in a
natural or cultural resource setting on
eligible service lands;
(B) gives participants a mix of work
experience, basic and life skills, education,
training, and support services; [and]
(C) provides participants with the
opportunity to develop citizenship values and
skills through service to their community and
the United States[.]; and
(D) makes available for audit for each fiscal
year for which the qualified youth or
conservation corps receives Federal funds under
this Act, all information pertaining to the
expenditure of the funds, any matching funds,
and participant demographics.
(14) Residential conservation centers.--The term
``residential conservation centers'' means the
facilities authorized under section 205.
[(11)](15) Resource assistant.--The term ``resource
assistant'' means a resource assistant selected under
section [206] 206(a)(1).
[(12)]](16) Secretary.--The term ``Secretary''
means--
(A) with respect to National Forest System
land, the Secretary of Agriculture; [and]
(B) with respect to Indian lands, Hawaiian
home lands, or land administered by the
Department of the Interior, the Secretary of
the Interior[.]; and
(C) with respect to the National Marine
Sanctuary System, coral reefs, and other
coastal, estuarine, and marine habitats, and
other lands and facilities administered by the
National Oceanic and Atmospheric
Administration, the Secretary of Commerce.
[(13)](17) 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.
SEC. 204. [PUBLIC LANDS CORPS] PUBLIC LANDS SERVICE 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 Service Corps.--There is
established in the Department of the Interior, the Department
of Agriculture, and the Department of Commerce a Public Lands
Service Corps.
(b) Establishment of Corps Office; Coordinators; Liaison.--
(1) Establishment of offices.--
(A) Department of the interior.--The
Secretary of the Interior shall establish a
department-level office to coordinate the Corps
activities within the Department of the
Interior.
(B) Department of agriculture.--The Secretary
of Agriculture shall establish within the
Forest Service an office to coordinate the
Corps activities within that agency.
(C) Department of commerce.--The Secretary of
Commerce shall establish within the National
Oceanic and Atmospheric Administration an
office to coordinate the Corps activities
within that agency.
(2) Establishment of coordinators.--The Secretary
shall designate a Public Lands Service Corps
coordinator for each agency under the jurisdiction of
the Secretary that administers Corps activities.
(3) Establishment of liaison.--The Secretary of the
Interior shall establish an Indian Youth Service Corps
liaison that will--
(A) provide outreach to Indian tribes about
opportunities for establishing Corps and Indian
Youth Service Corps programs; and
(B) coordinate with the Tribal Liaison of the
Corporation for National Service to identify
and establish Corps and Indian Youth Service
Corps opportunities for Indian youth.
[(b) Participants.--The Corps shall consist of individuals
between the ages of 16 and 25, inclusive, who are enrolled as
participants in the Corps by the Secretary of the Interior or
the Secretary of Agriculture. To be eligible for enrollment in
the Corps, an individual shall satisfy the criteria specified
in section 137(b) of the National and Community Service Act of
1990. The Secretaries may enroll such individuals in the Corps
without regard to the civil service and classification laws,
rules, or regulations of the United States. The Secretaries may
establish a preference for the enrollment in the Corps of
individuals who are economically, physically, or educationally
disadvantaged.]
(c) Participants.--
(1) In general.--The Secretary may enroll in the
Corps individuals who are--
(A) hired by an agency under the jurisdiction
of the Secretary to perform work authorized
under this Act; or
(B) members of a qualified youth or
conservation corps with which the Secretary has
entered into a cooperative agreement to perform
work authorized under this Act.
(2) Resource assistants and consulting interns.--The
Secretary may also enroll in the Corps resource
assistants and consulting interns in accordance with
section 206(a).
(3) Eligibility requirements.--To be eligible for
enrollment as a Corps participant, an individual
shall--
(A) be between the ages of 15 and 25,
inclusive; and
(B) satisfy the requirements of section
137(a)(5) of the National and Community Service
Act of 1990 (42 U.S.C. 12591(a)(5)).
(4) Terms.--Each Corps participant may be enrolled in
the Corps for a term of up to 2 years of service, which
may be served over a period that exceeds 2 calendar
years.
(5) Civil service.--An individual may be enrolled as
a Corps participant without regard to the civil service
and classification laws, rules, or regulations of the
United States.
(6) Preference.--The Secretary may establish a
preference for the enrollment as Corps participants
individuals who are economically, physically, or
educationally disadvantaged.
[(c)](d) 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] appropriate natural
and cultural resources conservation projects referred
to in [subsection (d)] subsection (f) of this section.
[(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.]
(2) Recruitment.--The Secretary shall carry out, or
enter into cooperative agreements to provide, a program
to attract eligible youth to the Corps by publicizing
Corps opportunities through high schools, colleges,
employment centers, electronic media, and other
appropriate institutions and means.
(3) Preference.--In entering into cooperative
agreements under paragraph (1) or awarding competitive
grants to Indian tribes or tribally authorized
organizations under section 207, the Secretary may give
preference to qualified youth or conservation corps
that are located in specific areas where a substantial
portion of members are economically, physically, or
educationally disadvantaged.
(e) Training.--
(1) In general.--The Secretary shall establish a
training program based at appropriate residential
conservation centers or at other suitable regional
Federal or other appropriate facilities or sites to
provide training for Corps participants.
(2) Requirements.--In establishing a training program
under paragraph (1), the Secretary shall--
(A) ensure that the duration and
comprehensiveness of the training program shall
be commensurate with the projects Corps
participants are expected to undertake;
(B) develop department-wide standards for the
program that include training in--
(i) resource stewardship;
(ii) health and safety;
(iii) ethics for individuals in
public service;
(iv) teamwork and leadership; and
(v) interpersonal communications;
(C) direct the participating agencies within
the Department of the Interior, the Forest
Service in the case of the Department of
Agriculture, and the National Oceanic and
Atmospheric Administration in the case of the
Department of Commerce, to develop agency-
specific training guidelines to ensure that
Corps participants are appropriately informed
about matters specific to that agency,
including--
(i) the history and organization of
the agency;
(ii) the mission of the agency; and
(iii) any agency-specific standards
for the management of natural,
cultural, historic, archaeological,
recreational, and scenic resources; and
(D) take into account training already
received by Corps participants enrolled from
qualified youth or conservation corps.
[(d)](f) Projects To Be Carried Out.--
(1) [In general.--]Use of corps; projects.--[The
Secretary may utilize the Corps or any qualified youth
or conservation corps to carry out]
(A) In general.--The Secretary may use the
Corps to carry out, with appropriate
supervision and training, [appropriate
conservation projects] appropriate natural and
cultural resources conservation projects which
the Secretary is authorized to carry out under
other authority of law [on public lands] on
eligible service lands.
(B) Projects.--Appropriate natural and
cultural resources conservation projects
carried out under this section may include--
(i) protecting, restoring, or
enhancing ecosystem components to
promote species recovery, improve
biological diversity, enhance
productivity and carbon sequestration,
and enhance adaptability and resilience
of eligible service lands and resources
to climate change and other natural and
human disturbances;
(ii) promoting the health of eligible
service lands, including--
(I) protecting and restoring
watersheds and forest,
grassland, riparian, estuarine,
marine, or other habitat;
(II) reducing the risk of
uncharacteristically severe
wildfire and mitigating damage
from insects, disease, and
disasters;
(III) controlling erosion;
(IV) controlling and removing
invasive, noxious, or nonnative
species; and
(V) restoring native species;
(iii) collecting biological,
archaeological, and other scientific
data, including climatological
information, species populations and
movement, habitat status, and other
information;
(iv) assisting in historical and
cultural research, museum curatorial
work, oral history projects,
documentary photography, and activities
that support the creation of public
works of art related to eligible
service lands; and
(v) constructing, repairing,
rehabilitating, and maintaining roads,
trails, campgrounds and other visitor
facilities, employee housing, cultural
and historic sites and structures, and
other facilities that further the
purposes of this Act.
(2) Visitor services.--The Secretary may--
(A) enter into or amend an existing
cooperative agreement with a cooperating
association, educational institution, friends
group, or similar nonprofit partner
organization for the purpose of providing
training and work experience to Corps
participants in areas such as sales, office
work, accounting, and management, provided that
the work experience directly relates to the
conservation and management of eligible service
lands; and
(B) allow Corps participants to help promote
visitor safety and enjoyment of eligible
service lands, and assist in the gathering of
visitor use data.
(3) Interpretation.--The Secretary may permit Corps
participants to provide interpretation or education
services for the public under the direct and immediate
supervision of an agency employee--
(A) to provide orientation and information
services to visitors;
(B) to assist agency employees in the
delivery of interpretive or educational
programs where audience size, environmental
conditions, safety, or other factors make such
assistance desirable;
(C) to present programs that relate the
personal experience of the Corps participants
for the purpose of promoting public awareness
of the Corps, the role of the Corps in public
land management agencies, and the availability
of the Corps to potential participants; and
(D) to create nonpersonal interpretive
products, such as website content, Junior
Ranger program books, printed handouts, and
audiovisual programs.
[(2)](4) Projects on indian lands.--[Appropriate
conservation projects] Appropriate natural and cultural
resources conservation projects may also be carried out
under this title on Indian lands with the approval of
the Indian tribe involved and on Hawaiian home lands
with the approval of the Department of Hawaiian Home
Lands of the State of Hawaii.
[(3)](5) Disaster prevention or relief project.--The
Secretary may authorize [appropriate conservation
projects] appropriate natural and cultural resources
conservation projects and other appropriate projects to
be carried out on Federal, State, local, or private
land as part of a Federal disaster prevention or relief
effort.
[(e)](g) Preference for Certain Projects.--In selecting
[appropriate conservation projects] appropriate natural and
cultural resources conservation projects to be carried out
under this title, the Secretary shall give preference to [those
projects which] priority projects and other projects that--
(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;]
(2) will instill in Corps participants 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)](h) Consistency.--Each [appropriate conservation
project] appropriate natural and cultural resources
conservation project carried out under this title on eligible
service lands shall be consistent with the provisions of law
and policies relating to the management and administration of
such lands, with all other applicable provisions of law, and
with all management, operational, and other plans and documents
which govern the administration of the area.
(i) Other Participants.--The Secretary may allow volunteers
from other programs administered or designated by the Secretary
to participate as volunteers in projects carried out under this
section.
(j) Criminal History Checks.--
(1) In general.--The requirements of section 189D(b)
of the National and Community Service Act of 1990 (42
U.S.C. 12645g(b)) shall apply to each individual age 18
or older seeking--
(A) to become a Corps participant;
(B) to receive funds authorized under this
Act; or
(C) to supervise or otherwise have regular
contact with Corps participants in activities
authorized under this Act.
(2) Eligibility prohibition.--If any of paragraphs
(1) through (4) of section 189D(c) of the National and
Community Service Act of 1990 (42 U.S.C. 12645g(c)(1)-
(4)) apply to an individual described in paragraph (1),
that individual shall not be eligible for the position
or activity described in paragraph (1), unless the
Secretary provides an exemption for good cause.
SEC. 205. [CONSERVATION] RESIDENTIAL CONSERVATION CENTERS AND PROGRAM
SUPPORT.
(a) Establishment and Use.--
[(1) In general.--The Secretary may establish and use
conservation centers owned and operated by the
Secretary for--
[(A) use by the Public Lands Corps; and
[(B) the conduct of appropriate conservation
projects under this title.]
(1) In general.--The Secretary may establish
residential conservation centers for--
(A) such housing, food service, medical care,
transportation, and other services as the
Secretary deems necessary for Corps
participants; and
(B) the conduct of appropriate natural and
cultural resources conservation projects under
this Act.
[(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)](2) Standards[ for conservation centers].--The
Secretary shall--
(A) establish basic standards of health,
nutrition, sanitation, and safety for all
[conservation centers] residential conservation
centers established under paragraph (1); and
(B) ensure that the standards established
under subparagraph (A) are enforced.
[(4)](3) Management.--As the Secretary determines to
be appropriate, the Secretary may enter into a contract
or other appropriate arrangement with [a State or local
government agency] another Federal agency, State, local
government, or private organization to provide for the
management of a [conservation center] residential
conservation center.
(b) Logistical Support.--[The Secretary]
(1) In general.--The Secretary may make arrangements
with the Secretary of Defense to have logistical
support provided by the Armed Forces to the Corps and
any [conservation center] residential conservation
center established under this section, where feasible.
Logistical support may include the provision of
temporary tent shelters where needed, transportation,
and residential supervision.
(2) Temporary housing.--The Secretary may make
arrangements with another Federal agency, State, local
government, or private organization to provide
temporary housing for Corps participants as needed and
available.
(3) Transportation.--In project areas where Corps
participants can reasonably be expected to reside at
their own homes, the Secretary may fund or provide
transportation to and from project sites.
(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) Facilities.--The Secretary may, as an appropriate
natural and cultural resources conservation project, direct
Corps participants to aid in the construction or rehabilitation
of residential conservation center facilities, including
housing.
(e) Mentors.--The Secretary may recruit from programs, such
as Federal volunteer and encore service programs, and from
veterans groups, military retirees, and active duty personnel,
such adults as may be suitable and qualified to provide
training, mentoring, and crew-leading services to Corps
participants.
[(d)](f) Assistance.--The Secretary may provide any
services, facilities, equipment, supplies, technical
assistance, oversight, monitoring, or evaluations [that are
appropriate to carry out this title.] that the Secretary
determines to be necessary for a residential conservation
center.
SEC. 206. RESOURCE ASSISTANTS AND CONSULTING INTERNS.
[(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 resource assistants to carry out research or resource
protection activities on behalf of the agency. To be eligible
for selection as a resource assistant, an individual must be at
least 17 years of age. The Secretary may select resource
assistants without regard to the civil service and
classification laws, rules, or regulations of the United
States. The Secretary shall give a preference to the selection
of individuals who are enrolled in an institution of higher
education or are recent graduates from an institution of higher
education, with particular attention given to ensure full
representation of women and participants from historically
black, Hispanic, and Native American schools.
[(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.]
(a) Authorization.--
(1) Resource assistants.--
(A) In general.--The Secretary may provide
individual placements of resource assistants
with any agency under the jurisdiction of the
Secretary that carries out appropriate natural
and cultural resources conservation projects to
carry out research or resource protection
activities on behalf of the agency.
(B) Eligibility.--To be eligible for
selection as a resource assistant, an
individual shall be at least 17 years of age.
(C) Preference.--In selecting resource
assistants for placement under this paragraph,
the Secretary shall give a preference to
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 ensuring full
representation of women and participants from
Historically Black Colleges and Universities,
Hispanic-serving institutions, and Tribal
Colleges and Universities.
(2) Consulting interns.--
(A) In general.--The Secretary may provide
individual placements of consulting interns
with any agency under the jurisdiction of the
Secretary that carries out appropriate natural
and cultural resources conservation projects to
carry out management analysis activities on
behalf of the agency.
(B) Eligibility.--To be eligible for
selection as a consulting intern, an individual
shall be enrolled in, and have completed at
least 1 full year at, a graduate or
professional school that has been accredited by
an accrediting body recognized by the Secretary
of Education.
(b) Use of Existing Nonprofit Organizations.--
(1) In general.--Whenever 1 or more nonprofit
organizations can provide appropriate recruitment and
placement services to fulfill the requirements of this
section, the Secretary may implement this section
through such organizations.
(2) Expenses.--Participating organizations shall
contribute to the expenses of providing and supporting
the resource assistants or consulting interns from
sources of funding other than the Secretary, at a level
of not less than 25 percent of the total costs (15
percent of which may be from in-kind sources) of each
participant in the resource assistant or consulting
intern program who has been recruited and placed
through that organization.
(3) Reporting.--Each participating organization shall
be required to submit an annual report evaluating the
scope, size, and quality of the program, including the
value of work contributed by the resource assistants
and consulting interns, to the mission of the agency.
SEC. 207. INDIAN YOUTH SERVICE CORPS.
(a) Authorization of Cooperative Agreements and Competitive
Grants.--The Secretary is authorized to enter into cooperative
agreements with, or make competitive grants to, Indian tribes
and qualified youth or conservation corps for the establishment
and administration of Indian Youth Service Corps programs to
carry out appropriate natural and cultural resources
conservation projects on Indian lands.
(b) Application.--To be eligible to receive assistance
under this section, an Indian tribe or a qualified youth or
conservation corps shall submit to the Secretary an application
in such manner and containing such information as the Secretary
may require, including--
(1) a description of the methods by which Indian
youth will be recruited for and retained in the Indian
Youth Service Corps;
(2) a description of the projects to be carried out
by the Indian Youth Service Corps;
(3) a description of how the projects were
identified; and
(4) an explanation of the impact of, and the direct
community benefits provided by, the proposed projects.
SEC. 208. GUIDANCE.
Not later than 18 months after funds are made available to
the Secretary to carry out this Act, the Secretary shall issue
guidelines for the management of programs under the
jurisdiction of the Secretary that are authorized under this
Act.
SEC. [207] 209. LIVING ALLOWANCES 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) Terms of Service.--Each participant in the Corps and
each resource assistant shall agree to participate in the Corps
or serve as a resource assistant, as the case may be, for such
term of service as may be established by the Secretary
enrolling or selecting the individual.
[(c) Hiring.--The Secretary may--
[(1) 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) provide to a former member of the Public Lands
Corps noncompetitive hiring status for a period of not
more than 120 days after the date on which the member's
service with the Public Lands Corps is complete.]
(a) Living Allowances.--
(1) In general.--The Secretary shall provide each
Corps participant with a living allowance in an amount
established by the Secretary.
(2) Cost-of-living differential; travel costs.--The
Secretary may--
(A) apply a cost-of-living differential to
the living allowances established under
paragraph (1); and
(B) if the Secretary determines reimbursement
to be appropriate, reimburse Corps participants
for travel costs at the beginning and end of
the term of service of the Corps participants.
(b) Terms of Service.--
(1) In general.--Each Corps participant shall agree
to participate for such term of service as may be
established by the Secretary.
(2) Consultations.--With respect to the Indian Youth
Service Corps, the term of service shall be established
in consultation with the affected Indian tribe or
tribally authorized organization.
(c) Hiring Preference and Future Employment.--The Secretary
may--
(1) grant to a Corps participant credit for time
served as a Corps participant, which may be used toward
future Federal hiring;
(2) provide to a former participant of the Corps or
the Indian Youth Service Corps noncompetitive hiring
status for a period of not more than 2 years after the
date on which the service of the candidate in the Corps
or the Indian Youth Service Corps was complete, if the
candidate--
(A) has served a minimum of 960 hours on an
appropriate natural or cultural resources
conservation project that included at least 120
hours through the Corps or the Indian Youth
Service Corps; and
(B) meets Office of Personnel Management
qualification standards for the position for
which the candidate is applying;
(3) provide to a former resource assistant or
consulting intern noncompetitive hiring status for a
period of not more than 2 years after the date on which
the individual has completed an undergraduate or
graduate degree, respectively, from an accredited
institution, if the candidate--
(A) successfully fulfilled the resource
assistant or consulting intern program
requirements; and
(B) meets Office of Personnel Management
qualification standards for the position for
which the candidate is applying; and
(4) provide, or enter into contracts or cooperative
agreements with qualified employment agencies to
provide, alumni services such as job and education
counseling, referrals, verification of service,
communications, and other appropriate services to Corps
participants who have completed the term of service.
SEC. [208] 210. NATIONAL SERVICE EDUCATIONAL AWARDS.
(a) Educational Benefits and Awards.--If a [participant in
the Public Lands Corps or a resource assistant] Corps
participant also serves in an approved national service
position designated under subtitle C of title I of the National
and Community Service Act of 1990, the [participant or resource
assistant] Corps participant shall be eligible for a national
service educational award in the manner prescribed in subtitle
D of such title upon successfully complying with the
requirements for the award. The period during which the
national service educational award may be used, the purposes
for which the award may be used, and the amount of the award
shall be determined as provided under such subtitle.
(b) Forbearance in the Collection of Stafford Loans.--For
purposes of section 428 of the Higher Education Act of 1965, in
the case of borrowers who are [either participants in the Corps
or resource assistants] Corps participants, 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] 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.] Corps participants.
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] appropriate natural and cultural
resources conservation project carried out pursuant to
this title on public lands by a qualified youth or
conservation corps. The remaining 25 percent of the
costs of such a project may be provided from
[nonfederal sources] sources other than the Secretary
in the form of funds, services, facilities, materials,
equipment, or any combination of the foregoing. The
Secretary may pay up to 90 percent of the costs of a
project if the Secretary determines that the reduction
is necessary to enable participation from a greater
range of organizations or individuals. No cost sharing
shall be required in the case of any [appropriate
conservation project] appropriate natural and cultural
resources conservation project carried out on Indian
lands or Hawaiian home lands under this title.
(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] Corps or Indian
Youth Service Corps and carrying out [appropriate
conservation projects] appropriate natural and cultural
resources conservation projects by the Corps or Indian
Youth Service Corps. However, nothing in this title
shall be construed to require any cost sharing for any
project carried out directly by the Corps or Indian
Youth Service 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.]
(b) Funds Available Under National and Community Service
Act.--To carry out this Act, the Secretary shall be eligible to
apply for and receive assistance under section 121(b) of the
National and Community Service Act (42 U.S.C. 12571(b)).
(c) Other Funds.--Amounts appropriated pursuant to the
authorization of appropriations under [section 211] section 213
are in addition to amounts allocated to the [Public Lands
Corps] Corps or Indian Youth Service 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.]
(a) In General.--There are authorized to be appropriated
such sums as may be necessary to carry out this Act.
[(b) Disaster Relief or Prevention Projects.--
Notwithstanding subsection (a), any amounts made available
under that subsection shall be available for disaster
prevention or relief projects.]
[(c)](b) Availability of Funds.--Notwithstanding any other
provision of law, amounts appropriated for any fiscal year to
carry out this title shall remain available for obligation and
expenditure until the end of the fiscal year following the
fiscal year for which the amounts are appropriated.