II

★(Star Print)

Calendar No. 747

106TH CONGRESS

2D SESSION S. 2878

[Report No. 106–370]

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. L. CHAFEE, Mr. LIEBERMAN, Mr. REID,

Mr. LAUTENBERG, Mrs. BOXER, Mr. GREGG, and Mr. LEAHY) introduced

the following bill; which was read twice and referred to the Committee

on Environment and Public Works

AUGUST 25, 2000

Reported under authority of the order of the Senate of July 26, 2000, by Mr.

SMITH of New Hampshire, without amendment

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,
2

•S 2878 RS1S

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Wildlife Ref3 uge System Centennial Commemoration Act of 2000’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) President Theodore Roosevelt began an

7 American wildlife conservation legacy by establishing

8 the first national wildlife refuge at Indian River La9 goon on Pelican Island, Florida, on March 14, 1903;

10 (2) the National Wildlife Refuge System is com11 prised of more than 93,000,000 acres of Federal

12 land managed by the United States Fish and Wild13 life Service in more than 520 individual refuges and

14 thousands of Waterfowl Production Areas located in

15 all 50 States and the territories of the United

16 States;

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

18 land that—

19 (A) is dedicated singularly to wildlife con20 servation; and

21 (B) has wildlife-dependent recreation and

22 environmental education as priority public uses;

23 (4) the System serves a vital role in the con24 servation of millions of migratory birds, hundreds of

25 endangered and threatened species, some of the pre26 mier fisheries of the United States, marine mam-
3

•S 2878 RS1S

1 mals, and the habitats on which those species de2 pend;

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

4 of Americans with opportunities to participate in

5 wildlife-dependent recreation, including hunting,

6 fishing, and wildlife observation; and

7 (B) through those activities, Americans develop

8 an appreciation for the natural wonders and wildlife

9 heritage of the United States;

10 (6) the occasion of the centennial of the begin11 ning of the System, in 2003, presents a historic op12 portunity to enhance natural resource stewardship

13 and expand compatible public enjoyment of the na14 tional wildlife refuges of the United States; and

15 (7) the United States Fish and Wildlife

16 Service—

17 (A) recognizes that the System has a back18 log of unmet critical operations and mainte19 nance needs;

20 (B) has worked to prioritize those needs;

21 and

22 (C) has made efforts to control the extent

23 of the backlog.

24 SEC. 3. DEFINITIONS.

25 In this Act:
4

•S 2878 RS1S

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

2 means the National Wildlife Refuge System Centen3 nial Commission established by section 4.

4 (2) SYSTEM.—The term ‘‘System’’ means the

5 National Wildlife Refuge System established by the

6 National Wildlife Refuge System Administration Act

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

8 SEC. 4. ESTABLISHMENT OF COMMISSION.

9 (a) ESTABLISHMENT.—There is established a com10 mission to be known as the ‘‘National Wildlife Refuge Sys11 tem Centennial Commission’’.

12 (b) MEMBERSHIP.—The Commission shall be com13 posed of the following members:

14 (1) The Secretary of the Interior.

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

16 Wildlife Service.

17 (3) The Executive Director of the National Fish

18 and Wildlife Foundation established by the National

19 Fish and Wildlife Foundation Establishment Act (16

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

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

22 Secretary of the Interior and appointed by the Presi23 dent, who—

24 (A) are not officers or employees of the

25 Federal Government; and
5

•S 2878 RS1S

1 (B) shall be broadly representative of the

2 diverse beneficiaries of the System and have

3 outstanding knowledge or appreciation of wild4 life, fisheries, natural resource management, or

5 wildlife-dependent recreation.

6 (5) The Chairman and Ranking Member of the

7 Committee on Environment and Public Works of the

8 Senate and the Chairman and Ranking Member of

9 the Committee on Resources of the House of Rep10 resentatives, who shall be nonvoting members.

11 (c) TERM; VACANCIES.—

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

13 the life of the Commission.

14 (2) VACANCIES.—A vacancy on the

15 Commission—

16 (A) shall not affect the powers of the Com17 mission; and

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

19 the original appointment was made.

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

21 the date on which all members of the Commission have

22 been appointed, the Commission shall hold the initial

23 meeting of the Commission.

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

25 call of the Chairperson.
6

•S 2878 RS1S

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

2 shall serve as Chairperson of the Commission.

3 SEC. 5. DUTIES.

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

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

6 Federal, State, local, and nongovernmental entities

7 (including public and private associations and edu8 cational institutions), a plan to commemorate, on

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

10 the System;

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

12 host services for conferences on the System and as13 sist in the activities of the conferences;

14 (3) make recommendations to the Secretary of

15 the Interior concerning the long-term plan for the

16 System required under section 9; and

17 (4) make recommendations to the Secretary of

18 the Interior concerning measures that can be taken

19 to enhance natural resources stewardship and ex20 pand compatible public enjoyment of the System.

21 (b) REPORTS TO CONGRESS.—

22 (1) ANNUAL REPORTS.—Not later than Decem23 ber 31 of the first calendar year that begins after

24 the date on which the Commission holds its initial

25 meeting, and December 31 of each calendar year
7

•S 2878 RS1S

1 thereafter through 2003, the Commission shall sub2 mit to the Committee on Environment and Public

3 Works of the Senate and the Committee on Re4 sources of the House of Representatives a report on

5 the activities and plans of the Commission.

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

7 31, 2004, the Commission shall submit to the Com8 mittee on Environment and Public Works of the

9 Senate and the Committee on Resources of the

10 House of Representatives a final report on the ac11 tivities of the Commission, including an accounting

12 of all funds received and expended by the Commis13 sion.

14 SEC. 6. POWERS.

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

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

17 testimony, and receive such evidence as the Commission

18 considers advisable to carry out this Act.

19 (b) INFORMATION FROM FEDERAL AGENCIES.—

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

21 directly from a Federal agency such information as

22 the Commission considers necessary to carry out this

23 Act.

24 (2) PROVISION OF INFORMATION.—On request

25 of the Chairperson of the Commission, the head of
8

•S 2878 RS1S

1 the agency shall provide the information to the Com2 mission.

3 (c) FINANCIAL AND ADMINISTRATIVE SERVICES.—

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

5 acting through the Director of the United States Fish and

6 Wildlife Service, shall provide to the Commission financial

7 and administrative services (including services relating to

8 budgeting, accounting, financial reporting, personnel, and

9 procurement).

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

11 the United States mails in the same manner and under

12 the same conditions as other agencies of the Federal Gov13 ernment.

14 (e) GIFTS.—

15 (1) ACCEPTANCE.—The Commission may ac16 cept, use, and dispose of gifts or donations of serv17 ices or property to carry out this Act.

18 (2) ADMINISTRATION OF FUNDS.—The Na19 tional Fish and Wildlife Foundation shall admin20 ister, on behalf of the Commission, any gifts of

21 funds received under paragraph (1) in accordance

22 with the rules and procedures of the Foundation.

23 (f) APPLICABLE LAW.—Federal laws (including regu24 lations) governing procurement by Federal agencies shall

25 not apply to the Commission, except for laws (including
9

•S 2878 RS1S

1 regulations) concerning working conditions, wage rates,

2 and civil rights.

3 SEC. 7. COMMISSION PERSONNEL MATTERS.

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

5 Commission shall serve without compensation for the serv6 ices of the member to the Commission.

7 (b) STAFF.—

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

9 National Wildlife Refuge System of the United

10 States Fish and Wildlife Service shall serve as the

11 Executive Director of the Commission.

12 (2) OTHER PERSONNEL.—The Chairperson of

13 the Commission may, without regard to the civil

14 service laws (including regulations), appoint and ter15 minate such personnel as are necessary to enable the

16 Commission to perform the duties of the Commis17 sion.

18 (3) COMPENSATION.—

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

20 subparagraph (B), the Chairperson of the Com21 mission may fix the compensation of the per22 sonnel appointed under paragraph (2) without

23 regard to the provisions of chapter 51 and sub24 chapter III of chapter 53 of title 5, United
10

•S 2878 RS1S

1 States Code, relating to classification of posi2 tions and General Schedule pay rates.

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

4 pay for the personnel appointed under para5 graph (2) shall not exceed the rate payable for

6 level V of the Executive Schedule under section

7 5316 of title 5, United States Code.

8 (c) TRAVEL EXPENSES.—Each member, the Execu9 tive Director, and other personnel of the Commission shall

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

11 subsistence, at rates authorized for an employee of an

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

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

14 of business of the individual in the performance of the du15 ties of the Commission.

16 SEC. 8. TERMINATION OF COMMISSION.

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

18 after the date on which the Commission submits the report

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

20 (b) DISPOSITION OF COMMISSION PROPERTY.—

21 (1) MEMORABILIA.—On termination of the

22 Commission and after consultation with the Archi23 vist of the United States and the Secretary of the

24 Smithsonian Institution, the Executive Director

25 may—
11

•S 2878 RS1S

1 (A) deposit all books, manuscripts, mis2 cellaneous printed matter, memorabilia, relics,

3 and other similar materials of the Commission

4 relating to the centennial of the beginning of

5 the System in a Federal, State, or local library

6 or museum; or

7 (B) make other disposition of such mate8 rials.

9 (2) OTHER PROPERTY.—The Executive Direc10 tor may—

11 (A) use property that is acquired by the

12 Commission and remains on termination of the

13 Commission (other than property described in

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

15 or

16 (B) dispose of such property as excess or

17 surplus property.

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

19 After taking into consideration the recommendations

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

21 of the Interior shall develop a long-term plan for the Sys22 tem to address—

23 (1) the priority staffing and operational needs

24 as determined through—

25 (A) the refuge operating needs system; and
12

•S 2878 RS1S

1 (B) comprehensive conservation plans for

2 refuges required under section 4(e) of the Na3 tional Wildlife Refuge System Administration

4 Act of 1966 (16 U.S.C. 668dd(e));

5 (2) the priority maintenance and construction

6 needs as identified in the maintenance management

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

8 the 5-year construction list, developed by the Sec9 retary of the Interior; and

10 (3) any transition costs as identified by the Sec11 retary of the Interior in conducting analyses of

12 newly acquired refuge lands.

13 SEC. 10. DESIGNATION OF YEAR OF THE WILDLIFE REF14 UGE.

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

16 ‘‘Year of the Wildlife Refuge’’.

17 (b) PROCLAMATION.—Congress requests the Presi18 dent to issue a proclamation calling on the people of the

19 United States to celebrate the Year of the Wildlife Refuge

20 with appropriate ceremonies and programs.

21 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated to carry out

23 the activities of the Commission under this Act—

24 (1) $100,000 for fiscal year 2001; and
13

•S 2878 RS1S

1 (2) $250,000 for each of fiscal years 2002

2 through 2004.
Calendar No. 747

106TH CONGRESS

2D SESSION S. 2878

[Report No. 106–370]

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 otherpurposes.

AUGUST 25, 2000

Reported without amendment