I

104TH CONGRESS

1ST SESSION H. R. 2706

To authorize the Secretary of the Interior to accept from a State donations

of services of State employees to perform hunting management functions

in a National Wildlife Refuge in a period of Government budgetary

shutdown.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 5, 1995

Mrs. LINCOLN introduced the following bill; which was referred to the

Committee on Resources

A BILL

To authorize the Secretary of the Interior to accept from

a State donations of services of State employees to perform hunting management functions in a National Wildlife Refuge in a period of Government budgetary shutdown.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Wildlife Ref5 uge Management Contingency Act of 1995’’.
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1 SEC. 2. AUTHORITY OF SECRETARY OF THE INTERIOR TO

2 ACCEPT STATE DONATIONS OF STATE EM3 PLOYEE SERVICES TO PERFORM HUNTING

4 MANAGEMENT FUNCTIONS.

5 (a) IN GENERAL.—The Secretary shall accept from

6 any qualified State donations of services of State employ7 ees to perform in a National Wildlife Refuge, in a period

8 of Government budgetary shutdown, hunting management

9 functions otherwise authorized to be performed by Depart10 ment of Interior personnel.

11 (b) LIMITATIONS.—An employee of a State may per12 form functions under this section only—

13 (1) within areas of a National Wildlife Refuge

14 that are located in the State; and

15 (2) in accordance with an agreement entered

16 into by the Secretary and the Governor of the State

17 under subsection (c).

18 (c) AGREEMENTS.—

19 (1) IN GENERAL.—For purposes of this section,

20 the Secretary may enter into an agreement in ac21 cordance with this subsection with the Governor of

22 any State in which is located any part of a National

23 Wildlife Refuge.

24 (2) TERMS CONDITIONS.—An agreement under

25 this subsection shall—
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1 (A) require that each individual performing

2 functions under the agreement shall have—

3 (i) provisions to ensure resource and

4 visitor protection acceptable under the

5 standards of the United States Fish and

6 Wildlife Service;

7 (ii) adequate safety training;

8 (iii) knowledge of the terrain in which

9 the individual will perform those functions;

10 and

11 (iv) knowledge of and adherence to

12 Federal regulations relating to those func13 tions; and

14 (B) specify other terms and conditions

15 under which a State employee may perform

16 such functions.

17 (d) EXCLUSION FROM TREATMENT AS FEDERAL EM18 PLOYEES.—A State employee who performs functions

19 under this section shall not be treated as a Federal em20 ployee for purposes of any Federal law relating to pay or

21 benefits for Federal employees.

22 (e) DEFINITIONS.—In this section—

23 (1) the term ‘‘Government budgetary shut24 down’’ means a period during which there are no
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1 amounts available for the operation of the National

2 Wildlife Refuge System, because of—

3 (A) a failure to enact an annual appropria4 tions bill for the period for the Department of

5 the Interior; and

6 (B) a failure to enact a bill (or joint reso7 lution) continuing the availability of appropria8 tions for the Department of the Interior for a

9 temporary period pending the enactment of

10 such an annual appropriations bill;

11 (2) the term ‘‘qualified State’’ means a State

12 that has entered into an agreement with the Sec13 retary in accordance with subsection (c); and

14 (3) the term ‘‘Secretary’’ means the Secretary

15 of the Interior.

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