[Senate Report 111-366]
[From the U.S. Government Publishing Office]
Calendar No. 693
111th Congress Report
SENATE
2d Session 111-366
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NATIONAL WILDLIFE REFUGE VOLUNTEER IMPROVEMENT ACT OF 2010
_______
December 14, 2010.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany H.R. 4973]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (H.R. 4973), to amend the Fish and Wildlife Act
of 1956 to reauthorize volunteer programs and community
partnerships for national wildlife refuges, and for other
purposes, having considered the same, reports favorably thereon
and recommends that the bill do pass.
Purpose of the Bill
The purpose of H.R. 4973 is to amend the Fish and Wildlife
Act of 1956 to reauthorize volunteer programs and community
partnerships for national wildlife refuges, and for other
purposes.
General Statement and Background
The National Wildlife Refuge System (NWRS), managed by the
U.S. Fish and Wildlife Service (Service), includes more than
150 million acres, 553 national wildlife refuges and other
units of the Refuge System, plus 38 wetland management
districts. President Theodore Roosevelt designated Florida's
Pelican Island as the first wildlife refuge in 1903 and now the
nation-wide NWRS is home to more than 700 species of birds, 220
species of mammals, 250 reptile and amphibian species and more
than 200 species of fish.
The Service's volunteer programs are an integral component
of the management of the millions of acres of land in the NWRS.
Currently, the NWRS faces an estimated operations and
maintenance budget backlog of more than $3 billion. The efforts
of close to 42,000 volunteers contributing in excess of 1.5
million hours help to address the significant management needs
of the nation's wildlife refuges. Volunteers assist with a
variety of activities, including:
Conducting fish and wildlife population
surveys;
Leading tours and providing information to
school groups and other visitors;
Assisting with laboratory research;
Improving habitat;
Helping with special projects such as banding
ducks;
Performing clerical and administrative duties;
Photographing natural and cultural resources;
and
Fighting invasive species.
The National Wildlife Refuge System Volunteer and Community
Partnership Enhancement Act of 1998 (P.L. 105-242) authorized
$2 million per year for a volunteer pilot project within the
NWRS to encourage volunteer coordination and the use of
volunteers to assist in the management, conservation, and
public education at refuges within the system. The Act
authorized volunteer coordinator positions to implement the
pilot program, specific projects at the regional level, and a
regular reporting schedule. In 2004, the National Wildlife
Refuge Volunteer Act of 2004 (P.L. 108-327) reauthorized this
program and provided level funding authorization through Fiscal
Year 2009.
Objectives of the Legislation
This bill would authorize the Secretary of the Interior to
provide financial assistance to wild refuges within the NWRS to
execute effective volunteer, community partnership and
education programs under the Fish and Wildlife Act of 1956.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that this Act may be cited as the
``National Wildlife Refuge Volunteer Improvement Act of 2010''.
Section 2. Reauthorization of appropriations to implement volunteer,
community partnership and education programs under Fish and
Wildlife Act of 1956
Section 2 reauthorizes the existing appropriations
($2,000,000) for each of Fiscal Years 2011 through 2014 to
implement volunteer coordination, community partnerships and
education programs authorized under section 7(f) of the Fish
and Wildlife Act of 1956. The section also makes technical
corrections to references to the National Wildlife Refuge
System Administration Act of 1966. The statute currently reads
``National Wildlife Refuge Administration Act of 1966''.
Section 3. Amendments to National Wildlife Refuge System Volunteer and
Community Partnership Enhancement Act of 1998
Section 3 amends section 4(a) of the National Wildlife
Refuge System Volunteer and Community Partnership Enhancement
Act of 1998 to direct the Service to carry out a National
Volunteer Coordination Program to augment and support the
capabilities and efforts of NWRS employees, to provide
meaningful opportunities for volunteers to support resource
management, conservation and public education programs within
the NWRS, and to fulfill the purposes of the National Wildlife
Refuge System Administration Act. This authority replaces the
existing authority in section 4(a) to carry out volunteer
coordination pilot projects.
The section also requires the Service to publish within one
year a national volunteer coordination strategy developed in
consultation with state fish and wildlife agencies, national
wildlife refuge friends groups and other stakeholders. The
Director of the Service is also required, subject to the
availability of appropriations, to hire at least one volunteer
coordinator in each region. This section also reauthorizes the
existing annual appropriations of $2 million for each fiscal
year through 2014.
Section 4. Volunteer, community partnerships, and education programs
report
Section 4 amends section 7 of the Fish and Wildlife Act of
1956 to direct the Service to submit a consolidated report to
the Committee on Environment and Public Works of the Senate and
the Committee on Natural Resources of the House of
Representatives on volunteer coordination, community
partnership and refuge education activities. Subsequent reports
are to be submitted every 5 years thereafter.
Legislative History
H.R. 4973 was introduced on March 25, 2010 by
Representative Frank Kratovil (D-MD). The legislation
reauthorizes the National Wildlife Refuge Volunteer Act of
2004, which passed the House by a vote of 401 yeas and 10 nays,
passed the Senate by unanimous consent, and was signed into law
by President George W. Bush on October 16, 2004.
H.R. 4973 was reported favorably with an amendment in the
Nature of a Substitute by the Committee on Natural Resources of
the House of Representatives on May 16, 2010. The House of
Representatives passed the bill by voice vote on July 13, 2010.
The bill was received in the Senate, read twice and referred to
the Committee on Environment and Public Works.
The Committee on Environment and Public Works met to
consider H.R. 4973 on November 30, 2010 and ordered the bill
favorably reported by voice vote.
Rollcall Votes
The Committee on Environment and Public Works ordered H.R.
4973 favorably reported by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that H.R.
4973 does not create any additional regulatory burdens, nor
will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that H.R. 4973 would
not impose Federal intergovernmental unfunded mandates on
State, local, or tribal governments.
Congressional Budget Office Cost Estimate
December 2, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4973, the National
Wildlife Refuge Volunteer Improvement Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 4973--National Wildlife Refuge Volunteer Improvement Act of 2010
Summary: H.R. 4973 would authorize the appropriation of $2
million annually over the 2011-2014 period to the U.S. Fish and
Wildlife Service (USFWS) for volunteer and partnership
programs. Under those programs, the USFWS coordinates the
activities of local volunteers, nonprofit organizations, state
or local agencies, and other entities that support wildlife
refuges.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 4973 would cost $8 million
over the 2011-2015 period. Enacting the legislation would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 4973 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform (UMRA) and
would impose no costs on state, local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4973 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONAuthorization Level............................................... 2 2 2 2 0 8
Estimated Outlays................................................. 2 2 2 2 0 8
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
4973 will be enacted near the end of calendar year 2010 and
that the authorized amounts will be appropriated for each year.
Estimated outlays are based on historical spending patterns for
the program.
Authorization for USFWS's volunteer and partnership
programs expired at the end of fiscal year 2009. In recent
years, the agency has received annual funding of about $2
million, the authorized amount.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 4973
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On June 29, 2010, CBO transmitted a
cost estimate for H.R. 4973 as ordered reported by the House
Committee on Natural Resources on June 16, 2010. The two pieces
of legislation are identical, and the estimated costs are the
same.
Estimate prepared by: Federal costs: Martin von Gnechten;
Impact on state, local, and tribal governments: J'nell Blanco;
Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
FISH AND WILD LIFE ACT OF 1956
* * * * * * *
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(b) Gifts, devises, or bequests for performance of activities
and services of United States Fish and Wildlife Service;
restrictive or affirmative covenants or conditions of
servitude; separate account in Treasury; disbursement orders;
gifts or bequests to United States for Federal tax purposes
(1) In furtherance of the purposes of this Act, the
Secretary of the Interior is authorized to accept any
gifts, devises, or bequests of real and personal
property, or proceeds therefrom, or interests therein,
for the benefit of the United States Fish and Wildlife
Service, in performing its activities and services.
Such acceptance may be subject to the terms of any
restrictive or affirmative covenant, or condition of
servitude, if such terms are deemed by the Secretary to
be in accordance with law and compatible with the
purpose for which acceptance is sought.
(2) Use of gifts, devises, and bequests.--
(A) In general.--* * *
* * * * * * *
(B) Gifts, devises, and bequests to
particular refuges.--
(i) Disbursal.--* * *
* * * * * * *
(ii) Matching.--Subject to the
availability of appropriations and the
requirements of the [National Wildlife
Refuge Administration Act of 1966]
National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C.
668dd et seq.) and other applicable
law, the Secretary may provide funds to
match gifts, devises, and bequests made
for the benefit of a particular
national wildlife refuge or complex of
geographically related refuges. With
respect to each gift, devise, or
bequest, the amount of Federal funds
may not exceed the amount (or, in the
case of property or in-kind services,
the fair market value) of the gift,
devise, or bequest.
* * * * * * *
(d) Community partnership enhancement
(1) Definition of partner organization
In this subsection, the term ``partner organization'' means
an organization that--
(A) draws its membership from private
individuals, organizations, corporations,
academic institutions, or State or local
governments;
(B) is established to promote the
understanding of, education relating to, and
the conservation of the fish, wildlife, plants,
and cultural and historical resources of a
particular refuge or complex of geographically
related refuges; and
(C) is described in section 501(c)(3) of
title 26 and is exempt from taxation under
section 501(a) of that title.
(2) Cooperative agreements
(A) In general--* * *
* * * * * * *
(C) Federal funding and ownership
(i) Matching
Subject to the availability of appropriations and the
requirements of the [National Wildlife Refuge Administration
Act of 1966] National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.) and other applicable law, the
Secretary may provide funds to match non-Federal funds donated
under a cooperative agreement under this paragraph. With
respect to each project or program, the amount of funds
provided by the Secretary may not exceed the amount of the non-
Federal funds donated through the project or program.
* * * * * * *
(e) Refuge education program enhancement
(1) Guidance
Not later than 1 year after October 5, 1998, the Secretary
of the Interior shall develop guidance for refuge education
programs to further the mission of the National Wildlife Refuge
System and the purposes of individual refuges through--
(A) * * *
* * * * * * *
(f) Report.--Not later than 1 year after the date of
enactment of this subsection and every 5 years thereafter, the
Secretary of the Interior shall submit a report to the
Committee on Natural Resources of the House of Representatives
and the Committee on Environment and Public Works of the
Senate--
(1) evaluating the accomplishments of the volunteer
program, the community partnerships program, and the
refuge education programs authorized under this
section, and of the National Volunteer Coordination
Program and volunteer coordination strategy under
section 4(a) of the National Wildlife Refuge System
Volunteer and Community Partnership Enhancement Act of
1998 (16 U.S.C. 742f-1); and
(2) making recommendations to improve the
effectiveness of such programs, including regarding
implementing subparagraphs (A), (B), and (C) of
paragraph (1) of subsection (e).
[(f) Authorization of appropriations
There is authorized to be appropriated to the Secretary of
the Interior to carry out subsections (b), (c), (d), and (e) of
this section $2,000,000 for each of fiscal years 2004 through
2009.]
[(f)](g) Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary of the Interior
to carry out subsections (b), (c), (d), (e), and (f), 2,000,000
for each of fiscal years 2011 through 2014.
* * * * * * *
NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER AND COMMUNITY PARTNERSHIP
ENHANCEMENT ACT OF 1998
* * * * * * *
SEC. 1.
This Act may be cited as the ``National Wildlife Refuge
System Volunteer and Community Partnership Enhancement Act of
1998''.
* * * * * * *
SEC. 4. VOLUNTEER ENHANCEMENT.
(a) Pilot [Projects]National Volunteer Coordination
Program.--
[(1) In general.--Subject to the availability of
appropriations, the Secretary of the Interior shall
carry out a pilot project at 2 or more national
wildlife refuges or complexes of geographically related
refuges in each United States Fish and Wildlife Service
region, but not more than 20 pilot projects
nationwide.]
(1) In general.--Subject to the availability of
appropriations, and in conformance with the strategy
developed under paragraph (2) and consistent with the
authorities regarding gifts, volunteer services,
community partnerships, and refuge education
enhancement under section 7 of the Fish and Wildlife
Act of 1956 (16 U.S.C. 741f), the Secretary of the
Interior, through the Director of the United States
Fish and Wildlife Service, shall carry out a National
Volunteer Coordination Program within the National
Wildlife Refuge System to--
(A) augment and support the capabilities and
efforts of Federal employees to implement
resource management, conservation, and public
education programs and activities across the
National Wildlife Refuge System;
(B) provide meaningful opportunities for
volunteers to support the resource management,
conservation, and public education programs and
activities of national wildlife refuges or
complexes of geographically related national
wildlife refuges in each United States Fish and
Wildlife Service region; and
(C) fulfill the purpose and mission of the
National Wildlife Refuge System under the
National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.).
[(2) Volunteer coordinator.--Each pilot project shall
provide for the employment of a full-time volunteer
coordinator for the refuge or complex of geographically
related refuges. The volunteer coordinator shall be
responsible for recruiting, training, and supervising
volunteers. The volunteer coordinator may be
responsible for assisting partner organizations in
developing projects and programs under cooperative
agreements under section 7(d) of the Fish and Wildlife
Act of 1956 (as added by section 5) and coordinating
volunteer activities with partner organizations to
carry out the projects and programs.]
(2) Volunteer coordination strategy.--
(A) In general.--No later than one year after
date of enactment of this paragraph, the
Director shall publish in the Federal Register
a national strategy for the coordination and
utilization of volunteers within the National
Wildlife Refuge System.
(B) Consultation required.--The strategy
shall be developed in consultation with State
fish and wildlife agencies, Indian tribes,
refuge friends groups or similar volunteer
organizations, and other relevant stakeholders.
(C) Volunteer coordinators.--The Director
shall provide, subject to the availability of
appropriations, no less than one regional
volunteer coordinator for each United States
Fish and Wildlife Service region to implement
the strategy published under this paragraph.
Such coordinators may be responsible for
assisting partner organizations in developing
and implementing volunteer projects and
activities under cooperative agreements under
section 7(d) of the Fish and Wildlife Act of
1956 (16 U.S.C. 742f(d)).
[(3) Report.--Not later than 3 years after the date
of enactment of this Act, the Secretary of the Interior
shall submit a report to the Committee on Resources of
the House of Representatives and the Committee on
Environment and Public Works of the Senate evaluating
and making recommendations regarding the pilot
projects.]
[(4)](3) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection 2,000,000[for each of fiscal years 2004
through 2009] for each fiscal year through fiscal year
2014.
* * * * * * *