[House Report 115-438]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-438
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KEEP AMERICA'S REFUGES OPERATIONAL ACT
_______
December 5, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 3979]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3979) to amend the Fish and Wildlife Act of 1956
to reauthorize the volunteer services, community partnership,
and refuge education programs of the National Wildlife Refuge
System, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep America's Refuges Operational
Act''.
SEC. 2. REAUTHORIZATION OF NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER
SERVICES, COMMUNITY PARTNERSHIP, AND REFUGE
EDUCATION PROGRAMS.
Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) is
amended in subsection (g), by striking ``2011 through 2014'' and
inserting ``2018 through 2022''.
Purpose of the Bill
The purpose of H.R. 3979 is to amend the Fish and Wildlife
Act of 1956 to reauthorize the volunteer services, community
partnership, and refuge education programs of the National
Wildlife Refuge System.
Background and Need for Legislation
The U.S. Fish and Wildlife Service (FWS) manages 566
National Wildlife Refuges as well as associated fish
hatcheries, wetland management districts, regional offices, and
ecological services offices. Four hundred and sixty-two of
these refuges are open to the public, and of those, 393 refuges
have volunteer programs. These programs facilitate over 40,000
volunteers who contribute more than 1.3 million hours each year
providing assistance and support to U.S. Refuges. FWS estimates
that these programs provide a labor value of over $30
million.\1\
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\1\``Volunteer Program Stats'' provided by the U.S. Fish and
Wildlife Service on November 8, 2017, to Natural Resources Committee
staff.
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Volunteers perform a wide variety of tasks to assist with
refuge operations, including habitat improvement projects,
laboratory research assistance, leading refuge tours, and fish
and wildlife population surveys.\2\ These tasks help the FWS
more efficiently fulfill its mission while also providing an
opportunity for individuals and groups to contribute to the
fish and wildlife preservation and protection.
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\2\Ibid.
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The volunteer programs are authorized through the National
Wildlife Refuge System Volunteer and Community Partnership
Enhancement Act of 1998 (Public Law 105-242), which amended the
Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) to
promote volunteer programs, community partnerships, and
educational activities for the benefit of National Wildlife
Refuges. It authorized $2 million to be appropriated for the
program. This statutory authority was reauthorized by the
National Wildlife Refuge Volunteer Act of 2004 (Public Law 108-
327), which reauthorized appropriations for fiscal years 2004
through 2009 for these activities. In addition, the National
Wildlife Refuge Volunteer Improvement Act of 2010 (Public Law
111-357) reauthorized these appropriations for fiscal years
2011 through 2014. In the last two fiscal years, these programs
have been appropriated $2 million.
H.R. 3979 reauthorizes a cost-efficient resource that helps
the FWS fulfill its mission to protect and preserve the
nation's fish and wildlife. The volunteer programs are very
popular with recreationists throughout the country, with more
applications than there are current volunteer slots. This
legislation has broad support from several recreation and
conservation organizations as well as bipartisan Congressional
support. A previous iteration of this bill in the 113th
Congress (H.R. 1300) was favorably reported from the Natural
Resources Committee with unanimous support and was then passed
by the House under suspension of the rules by voice vote.
Organizations that support the bill include: The American
Bird Conservancy, American Fisheries Society, American Hiking
Society, American Sportfishing Association, the Boy Scouts of
America, U.S. Chamber of Commerce, Defenders of Wildlife, Ducks
Unlimited, Izaak Walton League of America, Marine Conservation
Institute, National Audubon Society, National Wildlife
Federation, National Wildlife Refuge Association, the Corps
Network, the Nature Conservancy, the Wilderness Society,
Theodore Roosevelt Conservation Partnership, and Trout
Unlimited.
Committee Action
H.R. 3979 was introduced on October 5, 2017, by Congressman
Hakeem S. Jeffries (D-NY). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Federal Lands. On November 15, 2017, the
Subcommittee held a hearing on the bill. On November 29, 2017,
the Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. Congressman
Garret Graves (R-LA) offered an amendment designated #1; it was
adopted by unanimous consent. No further amendments were
offered, and the bill, as amended, was ordered favorably
reported to the House of Representatives by unanimous consent
on November 30, 2017.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation and the Congressional Budget Act of
1974. With respect to the requirements of clause 3(c)(2) and
(3) of rule XIII of the Rules of the House of Representatives
and sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the enclosed cost estimate for
the bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 4, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3979, the Keep
America's Refuges Operational Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 3979--Keep America's Refuges Operational Act
H.R. 3979 would authorize the appropriation of $2 million a
year over the 2018-2022 period for the U.S. Fish and Wildlife
Service (USFWS) to carry out volunteer programs and community
partnerships at national wildlife refuges. Under those
programs, volunteers assist USFWS personnel in conducting
recreation activities, restoring habitats, and performing
administrative and maintenance work at national wildlife
refuges. In 2017, those programs received appropriations of
roughly $8 million.
CBO assumes that the legislation will be enacted early in
calendar year 2018 and that the authorized amounts will be
appropriated for each fiscal year. As shown in the following
table and based on historical spending patterns, CBO estimates
that implementing the bill would cost $10 million over the
2018-2022 period. The costs of this legislation fall within
budget function 300 (natural resources and environment).
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By fiscal year, in millions of dollars--
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2018 2019 2020 2021 2022 2018-2022
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Levela............................. 2 2 2 2 2 10
Estimated Outlays................................ 2 2 2 2 2 10
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aThe agency has not allocated any funds appropriated in fiscal year 2018 to programs that would be funded under
H.R. 3979.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3979 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3979 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Fish and Wildlife Act of
1956 to reauthorize the volunteer services, community
partnership, and refuge education programs of the National
Wildlife Refuge System.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
FISH AND WILDLIFE ACT OF 1956
* * * * * * *
policies, procedures, recommendations
Sec. 7. (a) The Secretary of the Interior, with such advice
and assistance as he may require from the Assistant Secretary
for Fish and Wildlife, shall consider and determine the
policies and procedures that are necessary and desirable in
carrying out efficiently and in the public interest the laws
relating to fish and wildlife. The Secretary, with the
assistance of the departmental staff' herein authorized,
shall--
(1) develop and recommend measures which are
appropriate to assure the maximum sustainable
production of fish and fishery products and to prevent
unnecessary and excessive fluctuations in such
production;
(2) study the economic condition of the industry, and
whenever he determines that any segment of the domestic
fisheries has been seriously disturbed either by wide
fluctuation in the abundance of the resource supporting
it, or by unstable market or fishing conditions or due
to any other factors he shall make such recommendations
to the President and the Congress as he deems
appropriate to aid in stabilizing the domestic
fisheries;
(3) develop and recommend special promotional and
informational activities with a view to stimulating the
consumption of fishery products whenever he determines
that there is a prospective or actual surplus of such
products; and
(4) take such steps as may be required for the
development, advancement, management, conservation, and
protection of fish and wildlife resources including,
but not limited to, research, development of existing
facilities, and acquisition by purchase or exchange of
land and water, or interests therein.
(b)(1) In furtherance of the purposes of this Act, the
Secretary of the Interior is authorized to accept any gifts,
devises, or bequests of real and personal property, or proceeds
therefrom, or interests therein, for the benefit of the United
States Fish and Wildlife Service, in performing its activities
and services. Such acceptance may be subject to the terms of
any restrictive or affirmative covenant, or condition of
servitude, if such terms are deemed by the Secretary to-be in
accordance with law and compatible with the purpose for whch
acceptance is sought.
(2) Use of gifts, devises, and bequests.--
(A) In general.--Any gifts and bequests of
money and proceeds from the sales of other
property received as gifts or bequests pursuant
to this subsection shall be deposited in a
separate account in the Treasury and shall be
disbursed upon order of the Secretary for the
benefit of programs administered by the United
States Fish and Wildlife Service.
(B) Gifts, devises, and bequests to
particular refuges.--
(i) Disbursal.--Any gift, devise, or
bequest made for the benefit of a
particular national wildlife refuge or
complex of geographically related
refuges shall be disbursed only for the
benefit of that refuge or complex of
refuges and without further
appropriations.
(ii) Matching.--Subject to the
availability of appropriations and the
requirements of the National Wildlife
Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.) and
other applicable law, the Secretary may
provide funds to match gifts, devises,
and bequests made for the benefit of a
particular national wildlife refuge or
complex of geographically related
refuges. With respect to each gift,
devise, or bequest, the amount of
Federal funds may not exceed the amount
(or, in the case of property or in-kind
services, the fair market value) of the
gift, devise, or bequest.
(3) For the purpose of Federal income, estate, and
gift taxes, property, or proceeds therefrom, or
interests therein, accepted under this subsection shall
be considered as a gift or bequest to the United
States.
(c)(1) The Secretary of the Interior and the Secretary of
Commerce may each recruit, train, and accept, without regard to
the provisions of title 5, United States Code, the services of
individuals without compensation as volunteers for, or in aid
of programs conducted by either Secretary through the United
States Fish and Wildlife Service or the National Oceanic and
Atmospheric Administration.
(2) The Secretary of the Interior and the Secretary
of Commerce are each authorized to provide for
incidental expenses such as transportation, uniforms,
lodging, awards (including nominal cash awards) and
recognition, and subsistence of such volunteers without
regard to their places of residence.
(3) Except as otherwise provided in this subsection,
a volunteer shall not be deemed a Federal employee and
shall not be subject to the provisions of law relating
to Federal employment, including those relative to
hours of work, rates of compensation, leave,
unemployment compensation, and Federal employee
benefits.
(4) For the purpose of the tort claim provisions of
title 28 of the United States Code, a volunteer under
this subsection shall be considered a Federal employee.
(5) For the purposes of subchapter I of chapter 81 of
title 5 of the United States Code, relating to
compensation to Federal employees for work injuries,
volunteers under this subsection shall be deemed
employees of the United States within the meaning of
the term ``employees'' as defined in section 8101 of
title 5, United States Code, and the provisions of that
subchapter shall apply.
(6) Senior volunteer corps.--The Secretary of the
Interior may establish a Senior Volunteer Corps,
consisting of volunteers over the age of 50. To assist
in the recruitment and retention of the volunteers, the
Secretary may provide for additional incidental
expenses to members of the Corps beyond the incidental
expenses otherwise provided to volunteers under this
subsection. The members of the Corps shall be subject
to the other provisions of this subsection.
(d) Community Partnership Enhancement.--
(1) Definition of partner organization.--In this
subsection, the term partner organization means an
organization that--
(A) draws its membership from private
individuals, organizations, corporations,
academic institutions, or State or local
governments;
(B) is established to promote the
understanding of, education relating to, and
the conservation of the fish, wildlife, plants,
and cultural and historical resources of a
particular refuge or complex of geographically
related refuges; and
(C) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of that
Code.
(2) Cooperative agreements.--
(A) In general.--Notwithstanding chapter 63
of title 31, United States Code, the Secretary
of the Interior may negotiate and enter into a
cooperative agreement with a partner
organization, academic institution, State or
local government agency, or other person to
implement one or more projects or programs for
a refuge or complex of geographically related
refuges in accordance with the purposes of this
subsection and in compliance with the policies
of other relevant authorities, regulations, and
policy guidance.
(B) Projects and programs.--Subject to the
requirements of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C.
668dd et seq.) and other applicable law, and
such terms and conditions as the Secretary
determines to be appropriate, the Secretary may
approve projects and programs for a refuge or
complex of geographically related refuges
that--
(i) promote the stewardship of
resources of the refuge through habitat
maintenance, restoration, and
improvement, biological monitoring, or
research;
(ii) support the operation and
maintenance of the refuge through
constructing, operating, maintaining,
or improving the facilities and
services of the refuge;
(iii) increase awareness and
understanding of the refuge and the
National Wildlife Refuge System through
the development, publication, or
distribution of educational materials
and products;
(iv) advance education concerning the
purposes of the refuge and the mission
of the System through the use of the
refuge as an outdoor classroom and
development of other educational
programs; or
(v) contribute financial resources to
the refuge, under terms that require
that the net revenues be used
exclusively for the benefit of the
refuge, through donation of net
revenues from the sale of educational
materials and products and through
encouragement of gifts, devises, and
bequests.
(C) Federal funding and ownership.--
(i) Matching.--Subject to the
availability of appropriations and the
requirements of the National Wildlife
Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.) and
other applicable law, the Secretary may
provide funds to match non-Federal
funds donated under a cooperative
agreement under this paragraph. With
respect to each project or program, the
amount of funds provided by the
Secretary may not exceed the amount of
the non-Federal funds donated through
the project or program.
(ii) Use of federal funds.--Any
Federal funds used to fund a project or
program under a cooperative agreement
may be used only for expenses directly
related to the project or program and
may not be used for operation or
administration of any non-Federal
entity.
(iii) Ownership of facilities.--Any
new facility, improvement to an
existing facility, or other permanent
improvement to a refuge constructed
under this subsection shall be the
property of the United States
Government.
(D) Treasury account.--Amounts received by
the Secretary of the Interior as a result of
projects and programs under subparagraph (B)
shall be deposited in a separate account in the
Treasury. Amounts in the account that are
attributable to activities at a particular
refuge or complex of geographically related
refuges shall be available to the Secretary of
the Interior, without further appropriation, to
pay the costs of incidental expenses related to
volunteer activities, and to carry out
cooperative agreements for the refuge or
complex of refuges.
(e) Refuge Education Program Enhancement.--
(1) Guidance.--Not later than 1 year after the date
of enactment of this subsection, the Secretary of the
Interior shall develop guidance for refuge education
programs to further the mission of the National
Wildlife Refuge System and the purposes of individual
refuges through--
(A) providing outdoor classroom opportunities
for students on national wildlife refuges that
combine educational curricula with the personal
experiences of students relating to fish,
wildlife, and plants and their habitat and to
the cultural and historical resources of the
refuges;
(B) promoting understanding and conservation
of fish, wildlife, and plants and cultural and
historical resources of the refuges; and
(C) improving scientific literacy in
conjunction with both formal and nonformal
education programs.
(2) Refuge programs.--Based on the guidance developed
under paragraph (1), the Secretary of the Interior may
develop or enhance refuge education programs as
appropriate, based on the resources of individual
refuges and the opportunities available for such
programs in State, local, and private schools. In
developing and implementing each program, the Secretary
should cooperate with State and local education
authorities, and may cooperate with partner
organizations in accordance with subsection (d).
(f) Report.--Not later than 1 year after the date of
enactment of this subsection and every 5 years thereafter, the
Secretary of the Interior shall submit a report to the
Committee on Natural Resources of the House of Representatives
and the Committee on Environment and Public Works of the
Senate--
(1) evaluating the accomplishments of the volunteer
program, the community partnerships program, and the
refuge education programs authorized under this
section, and of the National Volunteer Coordination
Program and volunteer coordination strategy under
section 4(a) of the National Wildlife Refuge System
Volunteer and Community Partnership Enhancement Act of
1998 (16 U.S.C. 742f-1); and
(2) making recommendations to improve the
effectiveness of such programs, including regarding
implementing subparagraphs (A), (B), and (C) of
paragraph (1) of subsection (e).
(g) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary of the Interior to carry out
subsections (b), (c), (d), (e), and (f), $2,000,000 for each of
fiscal years [2011 through 2014] 2018 through 2022 .
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