II

106TH CONGRESS

2D SESSION S. 2878

To commemorate the centennial of the establishment of the first national

wildlife refuge in the United States on March 14, 1903, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JULY 17, 2000

Mr. SMITH of New Hampshire (for himself, Mr. BAUCUS, Mr. CRAPO, Mr.

WARNER, Mr. GRAHAM, Mr. CHAFEE, Mr. LIEBERMAN, Mr. REID, Mr.

LAUTENBERG, and Mrs. BOXER) introduced the following bill; which was

read twice and referred to the Committee on Environment and Public

Works

A BILL

To commemorate the centennial of the establishment of the

first national wildlife refuge in the United States on

March 14, 1903, and for other purposes.

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 System Centennial Commemoration Act of 2000’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) President Theodore Roosevelt began an

2 American wildlife conservation legacy by establishing

3 the first national wildlife refuge at Indian River La4 goon on Pelican Island, Florida, on March 14, 1903;

5 (2) the National Wildlife Refuge System is com6 prised of more than 93,000,000 acres of Federal

7 land managed by the United States Fish and Wild8 life Service in more than 520 individual refuges and

9 thousands of Waterfowl Production Areas located in

10 all 50 States and the territories of the United

11 States;

12 (3) the System is the only network of Federal

13 land that—

14 (A) is dedicated singularly to wildlife con15 servation; and

16 (B) has wildlife-dependent recreation and

17 environmental education as priority public uses;

18 (4) the System serves a vital role in the con19 servation of millions of migratory birds, hundreds of

20 endangered and threatened species, some of the pre21 mier fisheries of the United States, marine mam22 mals, and the habitats on which those species de23 pend;

24 (5)(A) each year the System provides millions

25 of Americans with opportunities to participate in
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1 wildlife-dependent recreation, including hunting,

2 fishing, and wildlife observation; and

3 (B) through those activities, Americans develop

4 an appreciation for the natural wonders and wildlife

5 heritage of the United States;

6 (6) the occasion of the centennial of the begin7 ning of the System, in 2003, presents a historic op8 portunity to enhance natural resource stewardship

9 and expand compatible public enjoyment of the na10 tional wildlife refuges of the United States; and

11 (7) the United States Fish and Wildlife

12 Service—

13 (A) recognizes that the System has a back14 log of unmet critical operations and mainte15 nance needs;

16 (B) has worked to prioritize those needs;

17 and

18 (C) has made efforts to control the extent

19 of the backlog.

20 SEC. 3. DEFINITIONS.

21 In this Act:

22 (1) COMMISSION.—The term ‘‘Commission’’

23 means the National Wildlife Refuge System Centen24 nial Commission established by section 4.
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1 (2) SYSTEM.—The term ‘‘System’’ means the

2 National Wildlife Refuge System established by the

3 National Wildlife Refuge System Administration Act

4 of 1966 (16 U.S.C. 668dd et seq.).

5 SEC. 4. ESTABLISHMENT OF COMMISSION.

6 (a) ESTABLISHMENT.—There is established a com7 mission to be known as the ‘‘National Wildlife Refuge Sys8 tem Centennial Commission’’.

9 (b) MEMBERSHIP.—The Commission shall be com10 posed of the following members:

11 (1) The Secretary of the Interior.

12 (2) The Director of the United States Fish and

13 Wildlife Service.

14 (3) The Executive Director of the National Fish

15 and Wildlife Foundation established by the National

16 Fish and Wildlife Foundation Establishment Act (16

17 U.S.C. 3701 et seq.).

18 (4) Up to 10 individuals, recommended by the

19 Secretary of the Interior and appointed by the Presi20 dent, who—

21 (A) are not officers or employees of the

22 Federal Government; and

23 (B) shall be broadly representative of the

24 diverse beneficiaries of the System and have

25 outstanding knowledge or appreciation of wild-
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1 life, fisheries, natural resource management, or

2 wildlife-dependent recreation.

3 (5) The Chairman and Ranking Member of the

4 Committee on Environment and Public Works of the

5 Senate and the Chairman and Ranking Member of

6 the Committee on Resources of the House of Rep7 resentatives, who shall be nonvoting members.

8 (c) TERM; VACANCIES.—

9 (1) TERM.—A member shall be appointed for

10 the life of the Commission.

11 (2) VACANCIES.—A vacancy on the

12 Commission—

13 (A) shall not affect the powers of the Com14 mission; and

15 (B) shall be filled in the same manner as

16 the original appointment was made.

17 (d) INITIAL MEETING.—Not later than 30 days after

18 the date on which all members of the Commission have

19 been appointed, the Commission shall hold the initial

20 meeting of the Commission.

21 (e) MEETINGS.—The Commission shall meet at the

22 call of the Chairperson.

23 (f) CHAIRPERSON.—The Secretary of the Interior

24 shall serve as Chairperson of the Commission.
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1 SEC. 5. DUTIES.

2 (a) IN GENERAL.—The Commission shall—

3 (1) develop and carry out, in cooperation with

4 Federal, State, local, and nongovernmental entities

5 (including public and private associations and edu6 cational institutions), a plan to commemorate, on

7 March 14, 2003, the centennial of the beginning of

8 the System;

9 (2) provide, in cooperation with the entities,

10 host services for conferences on the System and as11 sist in the activities of the conferences;

12 (3) make recommendations to the Secretary of

13 the Interior concerning the long-term plan for the

14 System required under section 9; and

15 (4) make recommendations to the Secretary of

16 the Interior concerning measures that can be taken

17 to enhance natural resources stewardship and ex18 pand compatible public enjoyment of the System.

19 (b) REPORTS TO CONGRESS.—

20 (1) ANNUAL REPORTS.—Not later than Decem21 ber 31 of the first calendar year that begins after

22 the date on which the Commission holds its initial

23 meeting, and December 31 of each calendar year

24 thereafter through 2003, the Commission shall sub25 mit to the Committee on Environment and Public

26 Works of the Senate and the Committee on Re-
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1 sources of the House of Representatives a report on

2 the activities and plans of the Commission.

3 (2) FINAL REPORT.—Not later than December

4 31, 2004, the Commission shall submit to the Com5 mittee on Environment and Public Works of the

6 Senate and the Committee on Resources of the

7 House of Representatives a final report on the ac8 tivities of the Commission, including an accounting

9 of all funds received and expended by the Commis10 sion.

11 SEC. 6. POWERS.

12 (a) MEETINGS.—The Commission may hold such

13 meetings, sit and act at such times and places, take such

14 testimony, and receive such evidence as the Commission

15 considers advisable to carry out this Act.

16 (b) INFORMATION FROM FEDERAL AGENCIES.—

17 (1) IN GENERAL.—The Commission may secure

18 directly from a Federal agency such information as

19 the Commission considers necessary to carry out this

20 Act.

21 (2) PROVISION OF INFORMATION.—On request

22 of the Chairperson of the Commission, the head of

23 the agency shall provide the information to the Com24 mission.
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1 (c) FINANCIAL AND ADMINISTRATIVE SERVICES.—

2 Subject to subsection (e)(2), the Secretary of the Interior,

3 acting through the Director of the United States Fish and

4 Wildlife Service, shall provide to the Commission financial

5 and administrative services (including services relating to

6 budgeting, accounting, financial reporting, personnel, and

7 procurement).

8 (d) POSTAL SERVICES.—The Commission may use

9 the United States mails in the same manner and under

10 the same conditions as other agencies of the Federal Gov11 ernment.

12 (e) GIFTS.—

13 (1) ACCEPTANCE.—The Commission may ac14 cept, use, and dispose of gifts or donations of serv15 ices or property to carry out this Act.

16 (2) ADMINISTRATION OF FUNDS.—The Na17 tional Fish and Wildlife Foundation shall admin18 ister, on behalf of the Commission, any gifts of

19 funds received under paragraph (1) in accordance

20 with the rules and procedures of the Foundation.

21 (f) APPLICABLE LAW.—Federal laws (including regu22 lations) governing procurement by Federal agencies shall

23 not apply to the Commission, except for laws (including

24 regulations) concerning working conditions, wage rates,

25 and civil rights.
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1 SEC. 7. COMMISSION PERSONNEL MATTERS.

2 (a) COMPENSATION OF MEMBERS.—A member of the

3 Commission shall serve without compensation for the serv4 ices of the member to the Commission.

5 (b) STAFF.—

6 (1) EXECUTIVE DIRECTOR.—The Chief of the

7 National Wildlife Refuge System of the United

8 States Fish and Wildlife Service shall serve as the

9 Executive Director of the Commission.

10 (2) OTHER PERSONNEL.—The Chairperson of

11 the Commission may, without regard to the civil

12 service laws (including regulations), appoint and ter13 minate such personnel as are necessary to enable the

14 Commission to perform the duties of the Commis15 sion.

16 (3) COMPENSATION.—

17 (A) IN GENERAL.—Except as provided in

18 subparagraph (B), the Chairperson of the Com19 mission may fix the compensation of the per20 sonnel appointed under paragraph (2) without

21 regard to the provisions of chapter 51 and sub22 chapter III of chapter 53 of title 5, United

23 States Code, relating to classification of posi24 tions and General Schedule pay rates.

25 (B) MAXIMUM RATE OF PAY.—The rate of

26 pay for the personnel appointed under para-
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1 graph (2) shall not exceed the rate payable for

2 level V of the Executive Schedule under section

3 5316 of title 5, United States Code.

4 (c) TRAVEL EXPENSES.—Each member, the Execu5 tive Director, and other personnel of the Commission shall

6 be allowed travel expenses, including per diem in lieu of

7 subsistence, at rates authorized for an employee of an

8 agency under subchapter I of chapter 57 of title 5, United

9 States Code, while away from the home or regular place

10 of business of the individual in the performance of the du11 ties of the Commission.

12 SEC. 8. TERMINATION OF COMMISSION.

13 (a) DATE.—The Commission shall terminate 90 days

14 after the date on which the Commission submits the report

15 of the Commission under section 5(b)(2).

16 (b) DISPOSITION OF COMMISSION PROPERTY.—

17 (1) MEMORABILIA.—On termination of the

18 Commission and after consultation with the Archi19 vist of the United States and the Secretary of the

20 Smithsonian Institution, the Executive Director

21 may—

22 (A) deposit all books, manuscripts, mis23 cellaneous printed matter, memorabilia, relics,

24 and other similar materials of the Commission

25 relating to the centennial of the beginning of
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1 the System in a Federal, State, or local library

2 or museum; or

3 (B) make other disposition of such mate4 rials.

5 (2) OTHER PROPERTY.—The Executive Direc6 tor may—

7 (A) use property that is acquired by the

8 Commission and remains on termination of the

9 Commission (other than property described in

10 paragraph (1)) for the purposes of the System;

11 or

12 (B) dispose of such property as excess or

13 surplus property.

14 SEC. 9. LONG-TERM PLAN FOR SYSTEM.

15 After taking into consideration the recommendations

16 of the Commission under section 5(a)(3), the Secretary

17 of the Interior shall develop a long-term plan for the Sys18 tem to address—

19 (1) the priority staffing and operational needs

20 as determined through—

21 (A) the refuge operating needs system; and

22 (B) comprehensive conservation plans for

23 refuges required under section 4(e) of the Na24 tional Wildlife Refuge System Administration

25 Act of 1966 (16 U.S.C. 668dd(e));
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1 (2) the priority maintenance and construction

2 needs as identified in the maintenance management

3 system, the 5-year deferred maintenance list, and

4 the 5-year construction list, developed by the Sec5 retary of the Interior; and

6 (3) any transition costs as identified by the Sec7 retary of the Interior in conducting analyses of

8 newly acquired refuge lands.

9 SEC. 10. DESIGNATION OF YEAR OF THE WILDLIFE REF10 UGE.

11 (a) IN GENERAL.—Congress designates 2003 as the

12 ‘‘Year of the Wildlife Refuge’’.

13 (b) PROCLAMATION.—Congress requests the Presi14 dent to issue a proclamation calling on the people of the

15 United States to celebrate the Year of the Wildlife Refuge

16 with appropriate ceremonies and programs.

17 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated to carry out

19 the activities of the Commission under this Act—

20 (1) $100,000 for fiscal year 2001; and

21 (2) $250,000 for each of fiscal years 2002

22 through 2004.

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