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103D CONGRESS 2d Session

REPORT

SENATE

103-226

NATIONAL PARK SERVICE CONCESSIONS POLICY REFORM ACT OF 1994

FEBRUARY 11 (legislative day, JANUARY 25), 1994.-Ordered to be printed

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

REPORT

together with

MINORITY VIEWS

[To accompany S. 208]

The Committee on Energy and Natural Resources, to which was referred the bill (S. 208) to reform the concessions policies of the National Park Service, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the "National Park Service Concessions Policy Reform Act of 1994".

SEC. 2. FINDINGS AND POLICY.

(a) FINDINGS.-In furtherance of the Act of August 25, 1916 (39 Stat. 535), as amended, (16 U.S.C.1, 2-4), which directs the Secretary of the Interior to administer areas of the National Park System in accordance with the fundamental purpose of preserving their scenery, wildlife, natural and historic objects, and providing for their enjoyment in a manner that will leave them unimpaired for the enjoyment of future generations, the Congress finds that the preservation and conservation of park resources and values requires that such public accommodations, facilities, and services as the Secretary determines are necessary and appropriate in accordance with this Act

(1) should be provided only under carefully controlled safeguards against unregulated and indiscriminate use so that visitation will not unduly impair these values; and

by the Port of Brownsville and the University of Texas at Brownsville.

PURPOSE AND BACKGROUND

S. 476 was introduced by Senator Chafee on March 2, 1993, and was referred to the Committee on Environment and Public Works. The Foundation is a federally-chartered, charitable, non-profit corporation established in 1984 to administer donations of real or personal property to complement and enhance the conservation activities of the Fish and Wildlife Service in the United States and abroad. Since the Foundation was established, it has funded over 870 conservation projects all over the Nation and in 12 foreign countries. The Foundation has used the partnership approach to fund over $108 million of fish and wildlife projects; of which only $32 million was Federal appropriations.

SECTION-BY-SECTION ANALYSIS

Section 1 is a short title for the bill-the National Fish and Wildlife Foundation Improvement Act of 1993.

Section 2 authorizes the Foundation to work with the National Oceanic and Atmospheric Administration (NOAA) on marine, estuarine, and other conservation projects. The Foundation is currently working with NOAA on fisheries conservation, marine sanctuary, and other projects. This section explicitly authorizes these activities.

Section 3 deals with the Foundation's Board of Directors. Subsection (a) directs the Secretary of the Interior to consult with the Under Secretary of Commerce for Oceans and Atmosphere before appointing board members; however, the Secretary of the Interior retains final and exclusive authority for board appointments.

Subsection (b)(1) increases the number of members on the board of directors from 9 to 15 and subsection (b)(2) expands from 3 to 4 the number of board members who must be educated and experienced in the principles of fish or wildlife conservation and management.

Subsection (c) staggers the initial terms of the additional board members. After the initial terms of the additional board members are completed, all terms will revert back to 6 years.

Subsection (d) directs the Secretary of the Interior to appoint the additional board members within 90 days of enactment of this bill. Subsection (e) ensures that the authority of the board will not be affected between the time of enactment of this legislation and the appointment of the additional board members. The Committee expects the board to continue working in its normal fashion with as many board members as are appointed at any particular time. The quorum will rise concurrent with the number of appointments of additional board members; with each addition of two board members, the quorum will increase by one. Once all 15 board members have been appointed, the quorum shall be 8 board members.

Section 4(a) authorizes appropriations at the current level of $25 million per year for the next five years.

Section 4(c) ensures that other funds that may be made available to the Foundation through other Federal laws, such as the Central

Valley Project Improvement Act, will not be counted toward the authorized amount of $25 million.

Section 105 authorizes the transfer of the Senecaville National Fish Hatchery to the State of Ohio for use by the Ohio Department of Natural Resources Management Program.

Title II authorizes the U.S. Fish and Wildlife Service to make grants subject to the availability of appropriations to establish the Brownsville Wetlands Policy Center at the Port of Brownsville, Texas.

Section 201. Short title. This title may be cited as the "Brownsville Wetlands Policy Act of 1994".

Section 202 provides for the establishment of the Brownsville Wetlands Policy Center and outlines the mission, governing structure, and oversight responsibilities of the Center.

The Center is to be located on approximately 7,000 acres of wetlands made available for this purpose by the Port of Brownsville. The property, currently held in trust by the Brownsville Navigation District, has been offered by the Port for wetlands research, education, and policy program activities. The property and Center will be operated and maintained by the Port of Brownsville and the wetlands policy programs will be administered by the University of Texas at Brownsville.

The Center will be governed by a Board of Directors co-chaired by designees of the port of Brownsville, the University of Texas at Brownsville, and the U.S. Fish and Wildlife Service. Members of the Board will be chosen by the co-chairs, and as envisioned by this Committee, will include representatives from appropriate Federal, State, and local agencies, environmental groups and other non-profit organizations, private businesses, and elected officials of the Brownsville Navigation District.

For purposes of oversight, the Board of Directors shall prepare an annual report which will be submitted through FWS to Congress. The report will cover programs, projects, activities, and accomplishments of the Center. It will also include a review of the budget including all sources of funding.

Section 203 directs the Fish and Wildlife Service to make grants to the Center for the purposes of carrying out its activities, subject to the availability of appropriations.

Section 204 authorizes the FWS to enter into a long-term lease with the Port of Brownsville for use of the wetlands property for this center. The Committee understands that the Port will agree to a nominal lease amount of not more than $1 per year.

Section 206 authorizes appropriations for FWS for making grants to the Center. Authorization limits are: $1,000,000 for Fiscal year 1994; $5,000,000 for fiscal year 1995; $4,000,000 for fiscal year 1996 and 1997, and such sums as may be necessary for fiscal year 1998.

Section 207 clarifies the relationship between the role of the Fish and Wildlife Service at the Brownsville Wetlands Center and its role at the Center for Environmental Studies and Services on the campus of Corpus Christi State University. There is no intention to relocate the administrative offices of the FWS, now at Corpus Christi, to Brownsville. No funds appropriated pursuant to this Act may be used for any such relocation.

ROLLCALL VOTES

Section 7(b) of rule XXVI of the Standing Rules of the Senate and the Rules of the Committee on Environment and Public Works require that any rollcall votes taken in consideration of this bill be announced in this report.

There were no rollcall votes taken during consideration of the Committee's consideration of this bill. The bill was ordered reported, as amended by the Full Committee on Environment and Public Works on January 27, 1994, by a unanimous voice vote.

Hon. MAX BAUCUS,

COST OF LEGISLATION

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,
Washington, DC, February 9, 1994.

Chairman, Committee on Environment and Public Works,

U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 476, the National Fish and Wildlife Foundation Improvement Act of 1994.

If you wish further details on this estimate, we will be pleased to provide them.

Sincerely,

ROBERT D. REISCHAUER,

Director.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

1. Bill number: S. 476.

2. Bill title: National Fish and Wildlife Foundation Improvement Act of 1994.

3. Bill status: As ordered reported by the Senate Committee on Environment and Public Works on January 27, 1994.

4. Bill purpose: S. 476 would authorize the appropriation of $25 million for each of the fiscal years 1994 through 1998 for activities of the National Fish and Wildlife Foundation (NFWF). These amounts would be available to the NFWF to match contributions received from private, state, and local organizations.

S. 476 also would establish the Brownsville Wetlands Policy Center at the Port of Brownsville, Texas for the purpose of using grants made by the United States Fish and Wildlife Service. The bill would authorize specific amounts to be appropriated for these grants in fiscal year 1994 through 1996 and such sums as may be necessary for fiscal year 1997.

5. Estimated cost to the Federal Government:

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