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[Senate Report 109-156]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 248
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-156

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      DEPARTMENT OF THE INTERIOR VOLUNTEER RECRUITMENT ACT OF 2005

                                _______
                                

                October 19, 2005.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 584]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 584) to authorize the Secretary of the 
Interior to recruit volunteers to assist with, or facilitate, 
the activities of various agencies and offices of the 
Department of the Interior, having considered the same, reports 
favorably thereon without amendment and recommends that the Act 
do pass.

                         PURPOSE OF THE MEASURE

    The purpose of H.R 584 is to authorize the Secretary of the 
Interior to recruit volunteers to assist with or facilitate the 
programs of various agencies and offices of the Department of 
the Interior that presently lack such authority.

                          BACKGROUND AND NEED

    The Department of the Interior has bureaus with vibrant 
volunteer programs, such as the National Park Service, the 
United States Fish and Wildlife Service, and the Bureau of Land 
Management. Currently, the Bureau of Indian Affairs and the 
Office of the Secretary do not have authority to provide for 
volunteers. Existing authority is lacking in certain respects 
for the Bureau of Reclamation and the U.S. Geological Survey. 
H.R. 584 will provide these agencies and offices with volunteer 
program authority which will allow them to develop volunteer 
programs like those that exist at other Department of the 
Interior agencies.

                          LEGISLATIVE HISTORY

    Representative Pombo introduced H.R. 584 on February 2, 
2005. On March 14, 2005 the House of Representative passed H.R. 
584, without amendment, by a voice vote. On March 15, 2005, 
H.R. 584 was received in the Senate and referred to the 
Committee on Energy and Natural Resources.
    An identical bill, S. 305 was introduced by Senator Craig 
on February 7, 2005. The Subcommittee on Public Lands and 
Forests held a hearing on S. 305 on March 8, 2005 (S. Hrg. 109-
19). At the business meeting on September 28, 2005, the 
Committee on Energy and Natural Resources ordered H.R. 584 
favorably reported, without amendment, by a unanimous voice 
vote. During the 108th Congress, the House of Representatives 
passed a similar bill, H.R. 4170. The Senate Public Lands and 
Forests Subcommittee held a hearing on H.R. 4170 on September 
29, 2004, but no further action was taken.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 28, 2005, by a unanimous 
voice vote of a quorum present, recommends that the Senate pass 
H.R. 584.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title of the Act.
    Section 2 states that the purpose of the Act is to 
authorize the Secretary of the Interior to recruit and use 
volunteers to assist with and facilitate the programs in the 
specified departmental agencies and offices.
    Section 3(a) authorizes the Secretary of the Interior to 
recruit, train, and accept the services of volunteers for 
aiding in or facilitating the activities administered by Bureau 
of Indian Affairs, the United States Geological Survey, the 
Bureau of Reclamation, and the Office of the Secretary.
    Subsection (b) prescribes limitations on where the 
volunteers may work and the types of activities they may 
perform, stipulating that all volunteers under this authority 
must be supervised by an appropriate officer or employee of the 
United States.
    Subsection (c) authorizes the Secretary to provide for the 
costs incidental to the utilization of volunteers, including 
transportation, supplies, uniforms, lodging, subsistence 
(without regard to place of residence), recruiting, training, 
supervision, and awards and recognition (including nominal cash 
awards).
    Subsection (d) provides and describes the Federal 
employment status of the volunteers authorized under the Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 584--Department of the Interior Volunteer Recruitment Act of 2005

    CBO estimates that enacting H.R. 584 would not 
significantly affect the federal budget. The legislation could 
increase direct spending, but we estimate that any such effects 
would be negligible. Enacting H.R. 584 would not affect 
revenues. H.R. 584 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would not affect the budgets of state, local, or tribal 
governments.
    This legislation would authorize the Secretary of the 
Interior to recruit and use volunteers to assist with programs 
carried out by the Bureau of Indian Affairs, the Bureau of 
Reclamation, the U.S. Geological Survey, and the Office of 
Office of the Secretary. It would authorize the Secretary to 
provide for services and expenses incidental to the use of 
those volunteers as well as coverage for tort claim liability 
and workers' compensation.
    Under current law, other agencies within the Department of 
the Interior (DOI) already have authority to recruit and use 
volunteers. Based on information from DOI about the cost of 
operating those agencies' volunteer programs, CBO estimates 
that extending that authority to other agencies under H.R. 584 
would cost less than $500,000 a year, assuming the availability 
of appropriated funds. In some cases, payments to or on behalf 
of volunteers resulting from tort claims could be made from the 
U.S. Treasury's Judgment Fund; hence, H.R. 584 could result in 
an increase in direct spending. Based on the amount of such 
claims paid under DOI's existing volunteer programs, however, 
CBO estimates that any increase in direct spending under H.R. 
584 would be negligible.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, 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. 584.
    The bill 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. 584.

                        EXECUTIVE COMMUNICATIONS

    The Administration's views on H.R. 584 are not known at 
this time. However, the Department of the Interior did provide 
testimony on S. 305 (an identical bill) at the Public Lands and 
Forests Subcommittee hearing on March 8, 2005, as follows:

 Statement of Chris Kearney Deputy Assistant Secretary for Policy and 
         International Affairs U.S. Department of the Interior

    S. 305, the Department of the Interior Volunteer 
Recruitment Act of 2005, would allow the Secretary of the 
Interior to recruit volunteers to assist with the activities of 
various agencies and offices of the Department of the Interior. 
The Department of the Interior strongly supports this bill and 
urges that it be enacted. It is consistent with the 
Administration's program. Through our Take Pride in America 
program, the Department of the Interior recruits, supports, and 
recognizes volunteers who work to improve our public lands and 
cultural and historic sites. Volunteers across America help 
public land managers fix fences and trails, stabilize soils, 
replant stream banks devastated by forest fires, restore 
historic buildings, teach kids to fish, collect data and 
monitor bird populations. They direct their energy to serving 
the American public and building a culture of responsibility.
    Currently, just five of the Interior Department's eight 
bureaus have authority to accept volunteers, and two of these 
have only limited authority to use volunteers. Statutory 
provisions regarding the proper limitations on using volunteers 
are inconsistent or nonexistent. S. 305 would provide clear 
authority to pay for incidental services or costs associated 
with volunteers, such as providing supplies or transportation 
to a work site, and for training and supervision of volunteers. 
This bill would fill many statutory gaps, providing authority 
for the Bureau of Indian Affairs and the Office of the 
Secretary to work with volunteers to support the renewal of the 
Take Pride in America program, and perfecting the existing 
volunteer authority of the United States Geological Survey and 
the Bureau of Reclamation. The Department of the Interior is 
therefore pleased to support the passage of this legislation.
    The bill is entirely consistent with existing authorities. 
It does not disturb the current statutory volunteer authority 
of the three bureaus that presently have sufficient authority 
and avoids disruption of existing programs to the maximum 
extent possible. This bill would not displace employees.
    The Department of the Interior is a leader in the federal 
government in providing opportunities for volunteer service. 
Because of our unique mission in support of the Nation's 
natural and cultural heritage, we believe that expanding 
volunteer authority makes eminent good sense and that this bill 
is suitably drafted for that purpose. If this bill is enacted, 
Americans will have opportunities, for example, to volunteer as 
tutors in BIA schools. Nineteenth century French writer Alexis 
de Tocqueville observed that the United States was a nation of 
voluntary associations. S. 305 will help to make sure our 21st 
century laws keep this spirit of volunteerism alive.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 584 as ordered 
reported.

                                  
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