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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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Wildlife Refuge System
Centennial Commemoration Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) President Theodore Roosevelt began an American wildlife
conservation legacy by establishing the first national wildlife
refuge at Indian River Lagoon on Pelican Island, Florida, on
March 14, 1903;
(2) the National Wildlife Refuge System is comprised of
more than 93,000,000 acres of Federal land managed by the
United States Fish and Wildlife Service in more than 520
individual refuges and thousands of Waterfowl Production Areas
located in all 50 States and the territories of the United
States;
(3) the System is the only network of Federal land that--
(A) is dedicated singularly to wildlife
conservation; and
(B) has wildlife-dependent recreation and
environmental education as priority public uses;
(4) the System serves a vital role in the conservation of
millions of migratory birds, hundreds of endangered and
threatened species, some of the premier fisheries of the United
States, marine mammals, and the habitats on which those species
depend;
(5)(A) each year the System provides millions of Americans
with opportunities to participate in wildlife-dependent
recreation, including hunting, fishing, and wildlife
observation; and
(B) through those activities, Americans develop an
appreciation for the natural wonders and wildlife heritage of
the United States;
(6) the occasion of the centennial of the beginning of the
System, in 2003, presents a historic opportunity to enhance
natural resource stewardship and expand compatible public
enjoyment of the national wildlife refuges of the United
States; and
(7) the United States Fish and Wildlife Service--
(A) recognizes that the System has a backlog of
unmet critical operations and maintenance needs;
(B) has worked to prioritize those needs; and
(C) has made efforts to control the extent of the
backlog.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Wildlife Refuge System Centennial Commission established by
section 4.
(2) System.--The term ``System'' means the National
Wildlife Refuge System established by the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.).
SEC. 4. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``National Wildlife Refuge System Centennial Commission''.
(b) Membership.--The Commission shall be composed of the following
members:
(1) The Secretary of the Interior.
(2) The Director of the United States Fish and Wildlife
Service.
(3) The Executive Director of the National Fish and
Wildlife Foundation established by the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).
(4) Up to 10 individuals, recommended by the Secretary of
the Interior and appointed by the President, who--
(A) are not officers or employees of the Federal
Government; and
(B) shall be broadly representative of the diverse
beneficiaries of the System and have outstanding
knowledge or appreciation of wildlife, fisheries,
natural resource management, or wildlife-dependent
recreation.
(5) The Chairman and Ranking Member of the Committee on
Environment and Public Works of the Senate and the Chairman and
Ranking Member of the Committee on Resources of the House of
Representatives, who shall be nonvoting members.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Chairperson.--The Secretary of the Interior shall serve as
Chairperson of the Commission.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) develop and carry out, in cooperation with Federal,
State, local, and nongovernmental entities (including public
and private associations and educational institutions), a plan
to commemorate, on March 14, 2003, the centennial of the
beginning of the System;
(2) provide, in cooperation with the entities, host
services for conferences on the System and assist in the
activities of the conferences;
(3) make recommendations to the Secretary of the Interior
concerning the long-term plan for the System required under
section 9; and
(4) make recommendations to the Secretary of the Interior
concerning measures that can be taken to enhance natural
resources stewardship and expand compatible public enjoyment of
the System.
(b) Reports to Congress.--
(1) Annual reports.--Not later than December 31 of the
first calendar year that begins after the date on which the
Commission holds its initial meeting, and December 31 of each
calendar year thereafter through 2003, the Commission shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Resources of the House of
Representatives a report on the activities and plans of the
Commission.
(2) Final report.--Not later than December 31, 2004, the
Commission shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Resources of
the House of Representatives a final report on the activities
of the Commission, including an accounting of all funds
received and expended by the Commission.
SEC. 6. POWERS.
(a) Meetings.--The Commission may hold such meetings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(c) Financial and Administrative Services.--Subject to subsection
(e)(2), the Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service, shall provide to the
Commission financial and administrative services (including services
relating to budgeting, accounting, financial reporting, personnel, and
procurement).
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(e) Gifts.--
(1) Acceptance.--The Commission may accept, use, and
dispose of gifts or donations of services or property to carry
out this Act.
(2) Administration of funds.--The National Fish and
Wildlife Foundation shall administer, on behalf of the
Commission, any gifts of funds received under paragraph (1) in
accordance with the rules and procedures of the Foundation.
(f) Applicable Law.--Federal laws (including regulations) governing
procurement by Federal agencies shall not apply to the Commission,
except for laws (including regulations) concerning working conditions,
wage rates, and civil rights.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--A member of the Commission shall
serve without compensation for the services of the member to the
Commission.
(b) Staff.--
(1) Executive director.--The Chief of the National Wildlife
Refuge System of the United States Fish and Wildlife Service
shall serve as the Executive Director of the Commission.
(2) Other personnel.--The Chairperson of the Commission
may, without regard to the civil service laws (including
regulations), appoint and terminate such personnel as are
necessary to enable the Commission to perform the duties of the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the personnel appointed under paragraph
(2) without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
personnel appointed under paragraph (2) shall not
exceed the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
(c) Travel Expenses.--Each member, the Executive Director, and
other personnel of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or regular place of
business of the individual in the performance of the duties of the
Commission.
SEC. 8. TERMINATION OF COMMISSION.
(a) Date.--The Commission shall terminate 90 days after the date on
which the Commission submits the report of the Commission under section
5(b)(2).
(b) Disposition of Commission Property.--
(1) Memorabilia.--On termination of the Commission and
after consultation with the Archivist of the United States and
the Secretary of the Smithsonian Institution, the Executive
Director may--
(A) deposit all books, manuscripts, miscellaneous
printed matter, memorabilia, relics, and other similar
materials of the Commission relating to the centennial
of the beginning of the System in a Federal, State, or
local library or museum; or
(B) make other disposition of such materials.
(2) Other property.--The Executive Director may--
(A) use property that is acquired by the Commission
and remains on termination of the Commission (other
than property described in paragraph (1)) for the
purposes of the System; or
(B) dispose of such property as excess or surplus
property.
SEC. 9. LONG-TERM PLAN FOR SYSTEM.
After taking into consideration the recommendations of the
Commission under section 5(a)(3), the Secretary of the Interior shall
develop a long-term plan for the System to address--
(1) the priority staffing and operational needs as
determined through--
(A) the refuge operating needs system; and
(B) comprehensive conservation plans for refuges
required under section 4(e) of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C.
668dd(e));
(2) the priority maintenance and construction needs as
identified in the maintenance management system, the 5-year
deferred maintenance list, and the 5-year construction list,
developed by the Secretary of the Interior; and
(3) any transition costs as identified by the Secretary of
the Interior in conducting analyses of newly acquired refuge
lands.
SEC. 10. DESIGNATION OF YEAR OF THE WILDLIFE REFUGE.
(a) In General.--Congress designates 2003 as the ``Year of the
Wildlife Refuge''.
(b) Proclamation.--Congress requests the President to issue a
proclamation calling on the people of the United States to celebrate
the Year of the Wildlife Refuge with appropriate ceremonies and
programs.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
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