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[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.

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