[105th Congress Public Law 242]
[From the U.S. Government Printing Office]


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[DOCID: f:publ242.105]


[[Page 1574]]

  NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER AND COMMUNITY PARTNERSHIP 
                         ENHANCEMENT ACT OF 1998

[[Page 112 STAT. 1575]]

Public Law 105-242
105th Congress

                                 An Act


 
To amend the Fish and Wildlife Act of 1956 to promote volunteer programs 
and community partnerships for the benefit of national wildlife refuges, 
     and for other purposes. <<NOTE: Oct. 5, 1998 -  [H.R. 1856]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: National Wildlife Refuge System 
Volunteer and Community Partnership Enhancement Act of 1998.>> Congress 
assembled,

SECTION 1. SHORT <<NOTE: 16 USC 742a note.>> TITLE.

    This Act may be cited as the ``National Wildlife Refuge System 
Volunteer and Community Partnership Enhancement Act of 1998''.

SEC. 2. FINDINGS AND <<NOTE: 16 USC 742f note.>> PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the National Wildlife Refuge System (referred to in this 
        Act as the ``System''), consisting of more than 500 refuges and 
        93,000,000 acres, plays an integral role in the protection of 
        the natural resources of the United States;
            (2) the National Wildlife Refuge System Improvement Act of 
        1997 (Public Law 105-57; 111 Stat. 1252) significantly improved 
        the law governing the System, although the financial resources 
        for implementing this law and managing the System remain 
        limited;
            (3) by encouraging volunteer programs and donations, and 
        facilitating non-Federal partnerships with refuges, Federal 
        funding for the refuges can be supplemented and the System can 
        fully benefit from the amendments made by the National Wildlife 
        Refuge System Improvement Act of 1997; and
            (4) by encouraging refuge educational programs, public 
        awareness of the resources of the System and public 
        participation in the conservation of those resources can be 
        promoted.

    (b) Purposes.--The purposes of this Act are--
            (1) to encourage the use of volunteers to assist the United 
        States Fish and Wildlife Service in the management of refuges 
        within the System;
            (2) to facilitate partnerships between the System and non-
        Federal entities to promote public awareness of the resources of 
        the System and public participation in the conservation of those 
        resources; and
            (3) to encourage donations and other contributions by 
        persons and organizations to the System.

SEC. 3. GIFTS TO PARTICULAR NATIONAL WILDLIFE REFUGES.

    Section 7(b)(2) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f 
(b)(2)) is amended--
            (1) by striking ``(2) Any'' and inserting the following:

[[Page 112 STAT. 1576]]

            ``(2) Use of gifts, devises, and bequests.--
                    ``(A) In general.--Any''; and
            (2) by adding at the end the following:
                    ``(B) Gifts, devises, and bequests to particular 
                refuges.--
                          ``(i) Disbursal.--Any gift, devise, or bequest 
                      made for the benefit of a particular national 
                      wildlife refuge or complex of geographically 
                      related refuges shall be disbursed only for the 
                      benefit of that refuge or complex of refuges and 
                      without further appropriations.
                          ``(ii) Matching.--Subject to the availability 
                      of appropriations and the requirements of the 
                      National Wildlife Refuge 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.''.

SEC. 4. VOLUNTEER ENHANCEMENT.

    (a) Pilot <<NOTE: 16 USC 742f note.>> Projects.--
            (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.
            (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.
            (3) Report.--Not <<NOTE: Deadline.>> 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) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this subsection $2,000,000 for each 
        of fiscal years 1999 through 2002.

    (b) Awards and Recognition for Volunteers.--Section 7(c)(2) of the 
Fish and Wildlife Act of 1956 (16 U.S.C. 742f (c)(2)) is amended--
            (1) by inserting ``awards (including nominal cash awards) 
        and recognition,'' after ``lodging,''; and
            (2) by inserting ``without regard to their places of 
        residence'' after ``volunteers''.

[[Page 112 STAT. 1577]]

    (c) Senior Volunteer Corps.--Section 7(c) of the Fish and Wildlife 
Act of 1956 (16 U.S.C. 742f (c)) is amended by striking paragraph (6) 
and inserting the following:
            ``(6) Senior volunteer corps.--The Secretary of the Interior 
        may establish a Senior Volunteer Corps, consisting of volunteers 
        over the age of 50. To assist in the recruitment and retention 
        of the volunteers, the Secretary may provide for additional 
        incidental expenses to members of the Corps beyond the 
        incidental expenses otherwise provided to volunteers under this 
        subsection. The members of the Corps shall be subject to the 
        other provisions of this subsection.''.

SEC. 5. COMMUNITY PARTNERSHIP ENHANCEMENT.

    Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f ) is 
amended by adding at the end the following:
    ``(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 the 
                Internal Revenue Code of 1986 and is exempt from 
                taxation under section 501(a) of that Code.
            ``(2) Cooperative agreements.--
                    ``(A) In general.--The Secretary of the Interior may 
                enter into a cooperative agreement (within the meaning 
                of chapter 63 of title 31, United States Code) with any 
                partner organization, academic institution, or State or 
                local government agency to carry out 1 or more projects 
                or programs for a refuge or complex of geographically 
                related refuges in accordance with this subsection.
                    ``(B) Projects and programs.--Subject to the 
                requirements of the National Wildlife Refuge System 
                Administration Act of 1966 (16 U.S.C. 668dd et seq.) and 
                other applicable law, and such terms and conditions as 
                the Secretary determines to be appropriate, the 
                Secretary may approve projects and programs for a refuge 
                or complex of geographically related refuges that--
                          ``(i) promote the stewardship of resources of 
                      the refuge through habitat maintenance, 
                      restoration, and improvement, biological 
                      monitoring, or research;
                          ``(ii) support the operation and maintenance 
                      of the refuge through constructing, operating, 
                      maintaining, or improving the facilities and 
                      services of the refuge;
                          ``(iii) increase awareness and understanding 
                      of the refuge and the National Wildlife Refuge 
                      System through the development, publication, or 
                      distribution of educational materials and 
                      products;
                          ``(iv) advance education concerning the 
                      purposes of the refuge and the mission of the 
                      System through

[[Page 112 STAT. 1578]]

                      the use of the refuge as an outdoor classroom and 
                      development of other educational programs; or
                          ``(v) contribute financial resources to the 
                      refuge, under terms that require that the net 
                      revenues be used exclusively for the benefit of 
                      the refuge, through donation of net revenues from 
                      the sale of educational materials and products and 
                      through encouragement of gifts, devises, and 
                      bequests.
                    ``(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 (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.
                          ``(ii) Use of federal funds.--Any Federal 
                      funds used to fund a project or program under a 
                      cooperative agreement may be used only for 
                      expenses directly related to the project or 
                      program and may not be used for operation or 
                      administration of any non-Federal entity.
                          ``(iii) Ownership of facilities.--Any new 
                      facility, improvement to an existing facility, or 
                      other permanent improvement to a refuge 
                      constructed under this subsection shall be the 
                      property of the United States Government.
                    ``(D) Treasury account.--Amounts received by the 
                Secretary of the Interior as a result of projects and 
                programs under subparagraph (B) shall be deposited in a 
                separate account in the Treasury. Amounts in the account 
                that are attributable to activities at a particular 
                refuge or complex of geographically related refuges 
                shall be available to the Secretary of the Interior, 
                without further appropriation, to pay the costs of 
                incidental expenses related to volunteer activities, and 
                to carry out cooperative agreements for the refuge or 
                complex of refuges.''.

SEC. 6. REFUGE EDUCATION PROGRAM DEVELOPMENT.

    Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f ) (as 
amended by section 5) is amended by adding at the end the following:
    ``(e) Refuge Education Program Enhancement.--
            ``(1) Guidance.--Not <<NOTE: Deadline.>> later than 1 year 
        after the date of enactment of this subsection, 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) providing outdoor classroom opportunities for 
                students on national wildlife refuges that combine 
                educational curricula with the personal experiences of 
                students relating to fish, wildlife, and plants and 
                their habitat and to the cultural and historical 
                resources of the refuges;

[[Page 112 STAT. 1579]]

                    ``(B) promoting understanding and conservation of 
                fish, wildlife, and plants and cultural and historical 
                resources of the refuges; and
                    ``(C) improving scientific literacy in conjunction 
                with both formal and nonformal education programs.
            ``(2) Refuge programs.--Based on the guidance developed 
        under paragraph (1), the Secretary of the Interior may develop 
        or enhance refuge education programs as appropriate, based on 
        the resources of individual refuges and the opportunities 
        available for such programs in State, local, and private 
        schools. In developing and implementing each program, the 
        Secretary should cooperate with State and local education 
        authorities, and may cooperate with partner organizations in 
        accordance with subsection (d).''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f ) (as 
amended by section 6) is amended by adding at the end the following:
    ``(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) $2,000,000 for each of fiscal years 1999 through 
2004.''.

    Approved October 5, 1998.

LEGISLATIVE HISTORY--H.R. 1856:
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HOUSE REPORTS: No. 105-329 (Comm. on Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 143 (1997):
                                    Nov. 4, considered and passed House.
                                                        Vol. 144 (1998):
                                    Sept. 11, considered and passed 
                                        Senate, amended.
                                    Sept. 18, House concurred in Senate 
                                        amendments.

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