[Senate Report 112-120]
[From the U.S. Government Publishing Office]
Calendar No. 282
112th Congress Report
SENATE
2d Session 112-120
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PUBLIC LANDS SERVICE CORPS ACT
_______
January 13, 2012.--Ordered to be printed
Filed, under authority of the order of the Senate of December 17, 2011
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 896]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 896) to amend the Public Lands Corps Act
of 1993 to expand the authorization of the Secretaries of
Agriculture, Commerce, and the Interior to provide service
opportunities for young Americans; help restore the nation's
natural, cultural, historic, archaeological, recreational and
scenic resources; train a new generation of public land
managers and enthusiasts; and promote the value of public
service, having considered the same, reports favorably thereon
with amendments and recommends that the bill, as amended, do
pass.
The amendments are as follows:
1. On page 29, strike lines 9 through 15 and insert the
following:
``(2) Travel costs.--The Secretary may reimburse
Corps
2. On page 33, strike lines 19 through 23 and insert the
following:
(1) in subsection (a), by striking ``year,'' and all
that follows through the period and inserting
``year.'';
Purpose
The purpose of S. 896 is to improve and expand the
activities carried out under the Public Lands Corps Act of
1993.
Background and Need
The Public Lands Corps was established by the Public Lands
Corps Act of 1993 (Public Law 103-82; hereinafter ``the 1993
Act'') to encourage young adults to carry out a wide range of
service projects on public lands. The National Park Service has
supported a wide range of Public Lands Corps projects since
1997, but the authority was not used by other agencies. In
2005, the 1993 Act was amended to expand the use of the Corps
and the opportunities it promised for young people around the
country. While youth conservation corps have a strong record of
restoring, maintaining, and improving public lands in a cost-
effective and efficient manner working in partnership with
Federal land management agencies, the 2005 amendments
nevertheless had a limited effect on expanding the use of the
program. However, interest in the program has continued to
grow.
Corps programs benefit young men and women by providing
them with public service, service-learning, job training, and
work opportunities. It also introduces a diversity of young
people to careers in natural and cultural resource stewardship
and public service by working directly with conservation
professionals in land management agencies. This work also
promotes the understanding of and appreciation for the
agencies' missions, and provides potential pathways to Federal
careers in the public land management agencies, which are in
need of a new generation of employees.
S. 896 would expand and strengthen the 1993 Act by creating
a ``consulting intern'' program for graduate students who help
agencies carry out management analysis activities, facilitating
career placement for corps participants, emphasizing
partnerships and learning opportunities, authorizing additional
financial and administrative support for corps participants,
and establishing an Indian Youth Service Corps to be managed by
tribally authorized organizations. S. 896 also diversifies the
types of projects and activities that may be carried out by the
corps, including such activities as historical and cultural
research, museum curatorial work, oral history projects,
documentary photography, public and web information and
services, and visitor safety projects.
Legislative History
S. 896 was introduced by Senator Bingaman on May 5, 2011,
and is cosponsored by Senators Begich, Boxer, Coons, Snowe, and
Tom Udall. The Subcommittee on Public Lands and Forests held a
hearing on the bill on May 18, 2011 (S. Hrg. 112-39). At its
business meeting on November 10, 2011, the Committee on Energy
and Natural Resources ordered S. 766 favorably reported with
amendments. The Committee reported a similar bill (H.R. 1612,
as amended) by voice vote in the 111th Congress.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on November 10, 2011, by a voice vote of a
quorum present, recommends that the Senate pass S. 896, if
amended as described herein. Senators Barrasso, Risch, Lee,
Paul and Portman asked to be recorded as opposing the measure.
Committee Amendments
During its consideration of S. 766, the Committee adopted
two amendments. The first amendment struck an unnecessary
provision relating to cost-of-living differentials, the
authority for which already was adequately provided for in the
bill's provision of authority for the Secretary to establish
living allowances. The second amendment struck the bill's
authorization to appropriate such sums as may have been
necessary to carry it out. As a result, the bill would maintain
the overall $12 million authorization for appropriations in
existing law.
Section-by-Section Analysis
Section 1 provides the short title for the Act.
Section 2 amends the short title of the 1993 Act and
provides for references to the original short title to be
considered references to the amended short title.
Section 3 provides that ``the Act'' in the Public Lands
Service Corps Act of 2011 refers to the Public Lands Service
Corps Act of 1993.
Section 4(a) of the Act makes several conforming amendments
to the 1993 Act.
Subsections (b), (c), and (d) amend the findings, purposes,
and definitions, respectively, in the 1993 Act.
Subsection (e) amends section 204 of the 1993 Act to add a
Public Lands Service Corps program in the National Oceanic and
Atmospheric Administration in the Department of Commerce to
create Federal offices and coordinators for Corps activities,
to establish an Indian Youth Service Corps liaison in the
Department of the Interior, and to provide that individuals may
enroll in the Corps for no more than a total of 2 years. It
also eliminates explicit contracting authority for the Corps,
emphasizing the use of cooperative agreements with qualified
youth or conservation corps as the primary mechanism for
carrying out the program; adds provisions for recruitment and
training programs for Corps members; describes and expands the
types of projects that may be carried out through the Corps;
and clarifies that volunteers from other programs, such as the
Retired Senior Volunteer Program, may participate in Corps
projects. Finally, it adds a requirement for certain Corps
participants, recipients of Corps program funding, and
supervisors to submit to a criminal history check in accordance
with section 189D(b) of the National and Community Service Act
(42 U.S.C. 12645g(b)), and precludes any individual under the
jurisdiction of the Secretary or that is formally connected to
the Corps from enrolling, receiving funds, or having regular
contact with Corps participants during their program activities
if that individual refuses to submit to--or makes a false
statement in connection with--a criminal history check, is
registered--or is required to be registered--on a State sex
offender registry or the National Sex Offender Registry, or has
been convicted of murder (as described in 18 U.S.C. 1111).
Subsection (f) amends section 205 of the 1993 Act to
clarify that the Secretaries may provide temporary housing and
transportation for Corps participants, and may recruit mentors,
supervisors, and others to help train and lead the Corps.
Subsection (g) amends section 206 of the 1993 Act to add a
``consulting intern'' program to the Corps to carry out
management analysis for agencies in the three participating
Departments. This provision builds on the National Park
Service's successful use of consulting interns from business
and public management graduate schools to help develop business
plans for units of the National Park System.
Subsection (h) renumbers sections of the 1993 Act.
Subsections (i) adds a new section 207 to the 1993 Act to
authorize the Secretaries to enter into cooperative agreements
and make competitive grants to Indian tribes to establish an
Indian Youth Service Corps to focus on carrying out appropriate
natural and cultural resources conservation projects on Indian
lands.
Subsection (j) adds a new section 208 to the 1993 Act to
require the Secretaries to issue guidelines for the management
of the Corps programs under their jurisdiction.
Subsection (k) clarifies that the Secretaries may reimburse
Corps participants for the cost of travel to and from the Corps
program and modifies the Federal hiring provisions of the 1993
Act.
Subsections (l) and (m) make conforming changes to the
National Service Educational Awards and non-displacement
provisions of the 1993 Act, respectively.
Subsection (n) amends the funding provisions of the 1993
Act to permit qualified youth and conservation corps to use
other Federal funds, such as those from the Corporation for
National and Community Service, to meet their cost-sharing
requirements, and to permit the Secretaries to reduce the cost-
sharing requirements from 25% to not less than 10% under
certain circumstances.
Subsection (o) simplifies the existing authorization for
appropriations for the Corps.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 896.
The Act is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 896, as ordered reported.
Congressionally Directed Spending
S. 896, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The views of the Department of Agriculture and the
Department of the Interior were included in testimony received
by the Committee at the May 18, 2011, hearing (S. Hrg. 112-39),
which is provided below.
Statement for the Record of the Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on S. 896, a bill to
amend the Public Lands Corps Act of 1993 to expand the
authorization of the Secretaries of Agriculture, Commerce and
the Interior to provide service opportunities for young
Americans; help restore the nation's natural, cultural,
historic, archaeological, recreational and scenic resources;
train a new generation of public land managers and enthusiasts;
and promote the value of public service.
The Department strongly supports S. 896. This bill would
strengthen and facilitate the use of the Public Land Corps
(PLC) program, helping to fulfill Secretary Salazar's vision
for promoting ways to engage young people across America to
serve their community and their country. During the last
Congress, the Department testified in support of similar bills
in both the House and the Senate. While we appreciate the
revisions to last Congress's versions of the legislation that
are reflected in S. 896, we would like to have the opportunity
to work with the committee on the amendments described in this
statement and any additional issues that we identify as we
continue our review of the bill.
engaging america's youth through service
While there are other Federal programs that promote
service, expanding the use of the Public Land Corps is
particularly important because it also serves other high-
priority goals. The Corps reconnects young people with their
natural environment and cultural heritage; conserves energy and
increases out use of alternative sources of energy; and
provides education, training, and career-building experiences
which may support a pathway to careers in Federal land
management agencies, which need new, younger and more diverse
employees.
Secretary Salazar created the Youth in Natural Resources
program during his tenure at the Colorado Department of Natural
Resources as a way to educate thousands of young people about
Colorado's natural resources, and he saw firsthand what a
difference it made in their lives. From the day he was
nominated as Secretary of the Interior, he has emphasized that
one of his top priorities would be to find more ways to
introduce young Americans from all backgrounds to the beauty of
our national parks, refuges, and public lands and to promote an
ethic of volunteerism and conservation in this Country's
youngest generation. Enactment of this legislation helps pave
the way to meeting one of the Secretary's top priority goals--
to develop a 21st Century Conservation Service Corps. Engaging
youth in the great outdoors through educational and employment
opportunities is one of the primary focuses of the
Administration's America's Great Outdoors initiative, and is a
great example of multiple federal agencies coming together for
a common goal. S. 896 would help both the Department and our
sister agencies, USDA and the Department of Commerce, offer
expanded opportunities for our youth to engage in the care of
America's Great Outdoors.
background on public land corps program
The Department regards the Public Land Corps program as an
important and successful example of civic engagement and
conservation. Authorized by the National and Community Service
Trust Act in 1993, the program uses non-profit organizations
such as the Student Conservation Association (SCA) and other
service and conservation corps organizations affiliated with
the Corps Network as the primary partners in administering the
Public Land Corps program. These public/private partnership
efforts help to leverage Federal dollars in some cases 3 to 1
and have assisted the Department in increasing youth employment
opportunities by 45% from FY 2009 to FY 2010. In addition,
other non-profit youth organizations such as the YMCA also
participate, as do local high schools and job-training youth
organizations. The youth organizations assist the National Park
Service (NPS) in its efforts to attract diverse participants to
the parks by recruiting youth 16-25 years of age from all
socioeconomic, cultural and ethnic backgrounds.
The National Park Service makes extensive use of the Public
Land Corps Act. This authority is used for the majority of all
NPS youth work projects that utilize a non-profit youth-serving
organization as a partner. In FY 2010, 3,006 employment
opportunities\1\ were created through the projects undertaken
by these partner organizations. Many of these projects were for
maintenance and ecological restoration purposes. The NPS
receives a 25 percent cost match from the participating partner
organizations. During FY 2010, the NPS spent $4.4 million in
Service-wide fee revenue and approximately $2 million in park-
specific fee revenue, as well as approximately $2.5 million in
appropriations for the Youth Intern Program, on PLC projects.
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\1\Not less than 80 hours of pay compensation which can be in the
form of a stipend or hourly wage, which must be through a cooperative
agreement. Includes both projects involving work crews and individual
internships.
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An example of what this program has accomplished is
exemplified by the work of one PLC partner organization, the
Greening Youth Foundation, which recruited and trained 16 at-
risk young adults from Denver. From April, 2010, through
February, 2011, these 18- to 24-year olds earned green
certifications that enabled them to conduct energy audits and
energy retrofits at all the national park sites in Colorado and
Arizona. The work provided marketable skills to its young
participants and energy savings to the parks.
The Bureau of Land Management (BLM) and the U.S. Fish and
Wildlife Service (FWS) also have a long history of employing
young people through the Youth Conservation Corps and through
the SCA and other youth service and conservation organizations
for a wide array of projects related to public lands resource
enhancement and facility maintenance under the Public Lands
Corps Act. Though most Corps are affiliated with the nationwide
Corps Network, they are often administered at the State, rather
than national level. The FWS and SCA have partnered for over 20
years to offer work and learning opportunities to students. In
FY 2010, 218 Conservation interns served at 90FWS sites,
contributing more than 157,040 hours of work.
The BLM has engaged the services of non-profit youth
service corps for many years under financial assistance
agreements at the state and local level. In 2010, the BLM
supported 1,689 youth employees through non-profit youth
service corps organizations. They participated in a variety of
conservation service activities such as recreation and river
management, historic building restoration and maintenance, seed
collection, and invasive species control. BLM's Salem Oregon
District, for example, hires a mixture of Northwest Youth
Corps, Clackamas County, and Columbia River Youth Corps members
each year to perform a variety of activities such as trail
maintenance and construction.
The FWS manages 553 units of the National Wildlife Refuge
System that cover over 150 million acres of land and waters, as
well as 70 National Fish Hatcheries, which would directly
benefit from programs authorized under S. 896. National
Wildlife Refuges and National Fish Hatcheries enjoy strong
relationships with the local communities, and are involved in
many community-based projects that help maintain sustainable
landscapes. The FWS's work is also supported by over 200 non-
profit Friends organizations that assist in offering quality
education programs, mentoring, and work experience for youth.
In 2010, the FWS employed 858 youth employees through
local, State, and non-profit youth service corps. The FWS has
provided funding for a YCC program involving the Mescalero
Apache youth at the Mescalero Tribal Hatchery in New Mexico.
The FWS has working relationships with numerous colleges and
universities for students interested in pursuing careers in
fish and wildlife management.
the public lands service corps act of 2011
S. 896 would make several administrative and programmatic
changes to the Public Land Corps Act. These changes would
encourage broader agency use of the program, make more varied
opportunities available for young men and women, and provide
more support for participants during and after their service.
Appropriately, S. 896 would change the program's name to Public
Lands Service Corps, reflecting the emphasis on ``service''
that is the hallmark of the program. President Obama is
committed to providing young people with greater opportunities
and incentives to serve their community and country. Through an
enhanced Public Lands Service Corps, we would be taking a
critical first step that direction.
Key changes that the legislation would make to existing law
include:
Adding the Department of Commerce's National
Oceanic and Atmospheric Administration, which
administers national marine sanctuaries and
conservation programs geared toward engaging youth in
science, service and stewardship, as an agency
authorized to use the program;
Establishing an Indian Youth Corps so Indian
Youth can benefit from Corps programs based on Indian
lands, carrying out projects that their Tribes and
communities determine to be priorities;
Authorizing a departmental-level office at
the Department of the Interior to coordinate Corps
activities within the three land management bureaus;
Requiring each of the three relevant
departments to undertake or contract for a recruiting
program for the Corps;
Requiring a training program for Corps
members, and identifying specific components the
training must include;
Identifying more specific types of projects
that could be conducted under this authority;
Allowing participants in other volunteer
programs to participate in PLC projects;
Allowing agencies to make arrangements with
other Federal, State, or local agencies, or private
organizations, to provide temporary housing for Corps
members;
Providing explicit authority for the
establishment of residential conservation centers;
Authorizing agencies to recruit experienced
volunteers from other programs to serve as mentors to
Corps members;
Adding ``consulting intern'' as a new
category of service employment under the PLC program;
Allowing agencies to apply a cost-of-living
differential in the provision of living allowances and
to reimburse travel expenses;
Allowing agencies to provide non-competitive
hiring status for Corps members for two years after
completing service, rather than only 120 days, if
certain terms are met;
Allowing agencies to provide job and
education counseling, referrals, and other appropriate
services to Corps members who have completed their
service; and
Eliminating the $12 million authorization
ceiling for the program.
We believe that the Department's program would benefit from
enactment of this legislation. As noted above, most PLC
projects are designed to address maintenance and ecological
restoration needs, and those types of projects would continue
to be done under S. 896. However, this legislation specifies a
broader range of potential projects, making it likely that
Corps members could become involved in such varied activities
as historical and cultural research, museum curatorial work,
oral history projects and programs, documentary photography,
public information and orientation services that promote
visitor safety, and activities that support the creation of
public works of art. Participants might assist employees in the
delivery of interpretive or educational programs and create
interpretive products such as website content, Junior Ranger
program books, printed handouts, and audiovisual programs.
PLC participants would also be able to work for a partner
organization where the work might involve sales, office work,
accounting, and management, so long as the work experience is
directly related to the protection and management of public
lands. The NPS and the FWS have a large number of partner
organizations that would be potential sponsors of young people
interested in the type of work they might offer.
An important change for the Department is the addition of
specific authority for agencies to pay transportation expenses
for non-residential Corps members. Transportation costs may be
a limiting factor in program participation of economically
disadvantaged young people.
Another important change is the addition of ``consulting
intern'' as a new category of service employment under the PLC
program, expanding on the use of mostly college-student
``resource assistants,'' provided for under existing law. The
consulting interns would be graduate students who would help
agencies carry out management analysis activities. NPS has
successfully used business and public management graduate
student interns to write business plans for parks for several
years, and this addition would bring these interns under the
PLC umbrella.
The Public Lands Service Corps would also offer agencies
the ability to hire successful corps members non-competitively
at the end of their appointment, which would provide the agency
with an influx of knowledgeable and diverse employees as well
as career opportunities for those interested in the agencies'
mission. Refuges and hatcheries, for example, are uniquely
qualified to connect with local communities since the Service
has so many refuges across the country that are located near
smaller communities and can directly engage urban, inner city,
and rural youth. For example, partnering academic institutions
are beginning to offer academic certificate programs to enhance
the students' work experience and marketability for securing
fall-time employment in both the Federal and non-profit
sectors, thereby providing orientation and exposure to a broad
range of career options.
The legislation would also give the Department's other
bureaus that would utilize this program the authority to expand
the scope of existing corps programs to reflect modern day
challenges, such as climate change and add incentives to
attract new participants, especially from underrepresented and
diverse populations.
An expanded Public Lands Service Corps program would
provide more opportunities for thousands of young Americans to
participate in public service while assisting the Department to
address the critical maintenance, restoration, repair and
rehabilitation needs on our public lands and gain a better
understanding of the impacts of climate change on these
treasured landscapes.
recommended changes to s. 896
As noted at the start of this statement, we appreciate the
changes to last Congress's version of the legislation that are
reflected in S. 896. However, the Administration recommends the
following amendments to this bill:
(1) Hiring preference
The Administration recommends changing eligibility for
former PLSC participants for noncompetitive hiring status from
two years to one year. This change would make eligibility
status consistent with other Government-wide, non-competitive
appointment authorities based on service outside of the Federal
government.
(2) Cost sharing for nonprofit organizations contributing to expenses
of resource assistants and consulting interns
Under current law in the case of resource assistants, and
under S. 896 in the case of consulting interns, sponsoring
organizations are required to cost-share 25 percent of the
expenses of providing and supporting these individuals from
``private sources of funding.'' The Administration recommends
giving agencies the ability to reduce the non-Federal
contribution to no less than 10 percent, only if the Secretary
determines it is necessary to enable a greater range of
organizations, such as smaller, community-based organizations
that draw from low-income and rural populations, to participate
in the PLSC program. This would make the cost-share provisions
for resource assistants and consulting interns parallel to the
provisions under the bill for other PLSC participants.
(3) Definition of Eligible Public Lands
The Administration recommends technical amendments to
clarify that PLSC activities will be carried out on public
lands as enumerated in the law. ``Eligible service lands'' may
be interpreted to include non-Federal lands.
(4) Agreements with Partners on Training and Employing Corps Members
The Administration recommends striking the provision in S.
896 that would allow PLSC members to receive federally funded
stipends and other PLSC benefits while working directly for
non-Federal third parties. The need for this language is
unclear, since agencies already have flexibility in how they
coordinate work with cooperating associations, educational
institutes, friends groups, or similar nonprofit partnership
organizations. Yet, the language could raise unanticipated
concerns over accountability, liability, and conflicts of
interest. For example, this language could allow an individual
to receive a federally funded stipend under a PLSC agreement,
and then perform work for a different non-federal group (such
as a cooperating association) that is subject to agency
oversight under different agreements. This language could blur
the lines of responsibility that have been established in
response to IG concerns over the management of cooperating
associations and friends groups.
(5) Living Allowance Differentials
The Administration recommends striking the provision in S.
896 that would allow for the Secretary to provide living
allowance differentials to employees. Current law provides the
Secretary with broad authority to set ``living allowances'' at
an appropriate rate. Adding ``cost-of-living'' language to a
law that would modify compensation for Federal employees may
unnecessarily introduce confusion.
The Department is happy to answer any questions you or the
other members of the subcommittee have.
Statement of Mary Wagner, Associate Chief, Forest Service, Department
of Agriculture
Mr. Chairman and members of the Committee, thank you for
the opportunity to testify before you today on S. 896, the
Public Lands Service Corps Act of 2011. I am Mary Wagner,
Associate Chief of the Forest Service.
S. 896 is a welcome amendment to the Public Lands Corps Act
of 1993. The Nation's forests and grasslands are unique and
special ecosystems that the Forest Service manages to meet the
needs of present and future generations. These lands yield
abundant sustainable goods and ecosystem services for the
American people. The National Forest System lands, managed
under a multiple-use, sustained-yield mission are perfect
places for the Public Lands Service Corps participants to learn
and practice an array of conservation, preservation,
interpretation and cultural resource activities, and take
advantage of outstanding and unique educational opportunities.
In states in every region, the Forest Service has benefited
greatly from the services of Conservation Corps on National
Forest System lands.
The Department strongly supports S. 896. This bill would
strengthen and facilitate the use of the Public Land Corps
(PLC) program, helping to fulfill the vision that Secretary
Vilsack has for engaging young people across America to serve
their community and their country. It is also consistent with
the goals of the President's America's Great Outdoors
Initiative which includes catalyzing the establishment of a
21st century Conservation Service Corps to engage young people
in public lands service work. S. 896 will help USDA and our
sister agencies, DOI, NOAA, expand opportunities for our youth
to engage in the care of America's Great Outdoors, and is a
great example of multiple agencies coming together to implement
a shared goal.
In recent years, the Forest Service has greatly expanded
partnerships with local, state, and urban based conservation
Corps programs and our Job Corps Center portfolio.
Under S. 896, we will be able to increase partnerships with
Corps programs and expand opportunities for Job Corps graduates
in the Green Careers program. In 2010, our partnerships with
the Students Conservation Association, The Corps Network, and
multiple youth, conservation and veterans Corps in every region
resulted in nearly 5,500 youth and young adults serving on
public lands. The expanded authority provided by S. 896 will
improve the Act by providing increased flexibility to use
interns and Conservation Corps teams. It will also help ensure
that underserved populations are able to participate by
defining minimum match requirements while also providing
flexibility with the match requirement.
The emphasis on experiential training and education will
help promote the value of public service in addition to
contributing to the accomplishment of much needed work. S. 896
will expand our usage of the PLSC in a variety of program areas
by providing additional resources and mechanisms to engage
young people in a range of developmental opportunities. This
authority will further assist in providing even more outdoor
opportunities that will nurture the next generation of public
land stewards.
The broader definition of natural, cultural and historic
resource work under the amendment benefits the Nation's forests
and grasslands by authorizing a wider variety of different
types of youth engagement. The expanded authority to engage
Native Americans through the Indian Youth Service Corps and
resources assistants and consulting interns will contribute to
our goals of creating a more diverse workforce as we seek to
fill positions in an aging workforce. These new and expanded
authorities will ultimately promote public understanding and
appreciation of the mission and work of the federal land,
coastal and ocean management agencies.
We appreciate the flexibility of the expanded authority in
section 205, which would authorize the use of residential
facilities. Our history of program delivery through Forest
Service Job Corps Civilian Conservation Centers has allowed us
to reach more than six million youth since the program was
established in 1964. The U.S. Forest Service operates
residential Civilian Conservation Centers through an
interagency agreement with the Department of Labor Job Corps
program. The 2009 Omnibus Appropriations Act authorized the
Forest Service to operate six additional Job Corps Centers
formerly run by the Bureau of Reclamation. The now 28 Job Corps
Civilian Conservation Centers have the capacity to house,
educate and train over 6,200 enrollees between the ages of 16
and 24. Our extensive experience operating residential
facilities successfully has resulted in the establishment of
many best practices and in-depth operational knowledge about
residential conservation centers.
The Job Corps Civilian Conservation Centers not only help
cultivate and develop emerging leaders within the Forest
Service, but also provide a pipeline of entry-level workers.
Each year the Forest Service hires dozens of Job Corps
graduates that have participated in forestry and conservation
programs. Through Job Corps, the Forest Service is building a
skilled and diverse workforce capable of advancing the agency's
mission.
With our partners, we can confidently leverage resources
and expand our ability to develop a well-trained and
responsible workforce in natural and cultural resources. Youth
will participate in community service, restoration and
stewardship projects; leadership and civic engagement programs;
recreation; and team building and independent living skills
training.
The Forest Service is uniquely positioned to manage
residential conservation centers on the National Forests and
Grasslands. This initiative could become an important component
of the emerging youth outdoors initiative. It will also provide
us with a unique opportunity to develop and implement
innovative programming that will engage more urban youth and
people that have been previously underserved.
There are a number of implementation issues that should be
considered in establishing new residential conservation
centers. These include the costs of operating and maintaining
the facilities, potential liability issues, and questions about
the impact on contract and labor laws. We would like to work
with the Committee on addressing these types of issues.
S. 896 would increase the opportunity for Public Lands
Service Corps members to leverage their education and work
experience in obtaining permanent full-time employment with
Federal agencies, but we offer a few amendments to the bill
that are outlined below:
(1) Hiring preference
The Administration recommends changing eligibility for
former PLSC for noncompetitive hiring status from two years to
one year. This change would make eligibility status consistent
with other Government-wide, non-competitive appointment
authorities based on service outside of the Federal government.
(2) Cost sharing for nonprofit organizations contributing to expenses
of resource assistants and consulting interns
Under current law in the case of resource assistants, and
under S. 896 in the case of consulting interns, sponsoring
organizations are required to cost-share 25 percent of the
expenses of providing and supporting these individuals from
``private sources of funding.'' The Administration recommends
giving agencies the ability to reduce the non-Federal
contribution to no less than 10 percent, if the Secretary
determines it is necessary to enable a greater range of
organizations, such as smaller, community-based organizations
that draw from low-income and rural populations, to participate
in the PLSC program. This would make the cost-share provisions
for resource assistants and consulting interns parallel to the
provisions under the bill for other PLSC participants.
(3) Department-wide authorities
The Administration recommends technical amendments to
clarify that PLSC activities will be carried out on public
lands as enumerated in the law. ``Eligible service lands'' may
be interpreted to include non-Federal lands.
(4) Agreements with partners on training and employing corps members
The Administration recommends striking the provision in S.
896 that would allow PLSC members to receive federally funded
stipends and other PLSC benefits while working directly for
non-Federal third parties. The need for this language is
unclear, since agencies already have flexibility in how they
coordinate work with cooperating associations, educational
institutes, friends groups, or similar nonprofit partnership
organizations. Yet, the language could raise unanticipated
concerns over accountability, liability, and conflicts of
interest. For example, this language could allow an individual
to receive a federally funded stipend under a PLSC agreement,
and then perform work for a different non-federal group (such
as a cooperating association) that is subject to agency
oversight under different agreements. This language could blur
the lines of responsibility that have been established in
response to IG concerns over the management of cooperating
associations and friends groups.
(5) Living allowance differentials
The Administration recommends striking the provision in S.
896 that would allow for the Secretary to provide living
allowance differentials to employees. Current law provides the
Secretary with broad authority to set ``living allowances'' at
an appropriate rate. Adding ``cost-of-living'' language to a
law that would modify compensation for Federal employees may
unnecessarily introduce confusion.
The Forest Service has offices already in place to help
coordinate the Public Lands Service Corps through its National
Job Corps Civilian Conservation Centers program and the Office
of Recreation, Heritage and Volunteer Resources Volunteers
(RHVR) and Service program. The Forest Service RHVR Volunteers
and Service program could likely be the coordinating office for
Public Lands Service Corps in the Forest Service.
The Forest Service is fully committed to the advancement of
young people through a variety of conservation projects,
training, and service learning and conservation education.
Along with the Bureau of Land Management, we can provide
participants with an understanding of the agency's history and
training on multiple-use and sustained-yield management of
natural, cultural, historic, archaeological, recreational and
scenic resources. Our mission, ``To sustain the health,
diversity and productivity of the Nation's forests and
grasslands to meet the needs of present and future
generations,'' can only be achieved by educating future
generations and training the future public and private land
managers. In turn, they will promote the value of public
service and continue the conservation legacy of natural
resource management for the United States.
The America's Great Outdoors initiative has generated a
national dialogue on how to reconnect Americans with the
outdoors. The AGO report released February 2011 includes a
major emphasis on youth and career pathways. The very first
goal in the report is ``develop quality conservation jobs and
service opportunities that protect and restore America's
natural and cultural resources.''
USDA Forest Service staff are a part of an interagency
workgroup that is presently working to (1) catalyze the
establishment of a 21st Century Conservation Service Corps that
will engage young Americans in public lands and water
restoration; (2) work with OPM to improve career pathways and
to review barriers to jobs in natural resource conservation and
historic and cultural preservation; and (3) improve federal
capacity for recruiting, training and managing volunteers and
volunteer programs to create a new generation of citizen
stewards. The proposed amendments to the Public Lands Corps Act
align well with these objectives and will undergird our efforts
to fully implement the President's America's Great Outdoors
priorities.
Mr. Chairman and Members of the Committee, this concludes
my prepared statement. I am happy to answer any questions that
you or Members of the Committee may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 896 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
PUBLIC LANDS CORPS ACT OF 1993
(Title II of the Youth Conservation Corps Act of 1970)
(Public Law 91-378, as amended by Public Law 103-82)
(16 U.S.C. 1721-1729)
TITLE II--[PUBLIC LANDS CORPS] PUBLIC LANDS SERVICE CORPS
[SEC. 201. SHORT TITLE.
[This title may be cited as the ``Public Lands Corps Act of
1993''.]
SEC. 201. SHORT TITLE; REFERENCE.
(a) Short Title.--This title may be cited as the ``Public
Lands Service Corps Act of 1993''.
(b) References.--Any reference contained in any law,
regulation, document, paper, or other record of the United
States to the ``Public Lands Corps Act of 1993'' shall be
considered to be a reference to the ``Public Lands Service
Corps Act of 1993''.
SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Conserving or developing natural and cultural
resources and enhancing and maintaining environmentally
important lands and waters through the use of the
Nation's young men and women in a [Public Lands Corps
can benefit] conservation corps can benefit those men
and women by providing them with education and work
opportunities, furthering their understanding and
appreciation of [the natural and cultural] natural and
cultural resources, and providing a means to pay for
higher education or to repay indebtedness they have
incurred to obtain higher education while at the same
time benefiting the Nation's economy and its
environment.
(2) Participants in conservation corps receive
meaningful education and training, and their experience
with conservation corps provides preparation for
careers in public service.
(3) Young men and women who participate in the
rehabilitation and restoration of the natural,
cultural, historic, archaeological, recreational, and
scenic treasures of the United States will gain an
increased appreciation and understanding of the public
lands and heritage of the United States, and of the
value of public service, and are likely to become life-
long advocates for those values.
[(2)] (4) Many facilities and natural, cultural,
historic, archaeological, recreational, and scenic
resources located on eligible service lands are in
disrepair or degraded and in need of labor intensive
rehabilitation, restoration, and enhancement work which
cannot be carried out by Federal agencies at existing
personnel levels.
[(3)] (5) Youth conservation corps have established a
good record of restoring and maintaining these kinds of
facilities and resources in a cost effective and
efficient manner, especially when they have worked in
partnership arrangements with government land
management agencies.
(6) The work of conservation corps can benefit
communities adjacent to public lands and facilities
through renewed civic engagement and participation by
corps participants and those they serve, improved
student achievement, and restoration and rehabilitation
of public assets.
[(b) Purpose.--It is the purpose of this title to--
[(1) perform, in a cost-effective manner, appropriate
conservation projects on eligible service lands where
such projects will not be performed by existing
employees;
[(2) assist governments and Indian tribes in
performing research and public education tasks
associated with natural and cultural resources on
eligible service lands;
[(3) expose young men and women to public service
while furthering their understanding and appreciation
of the Nation's natural and cultural resources;
[(4) expand educational opportunities by rewarding
individuals who participate in national service with an
increased ability to pursue higher education or job
training; and
[(5) stimulate interest among the Nation's young men
and women in conservation careers by exposing them to
conservation professionals in land managing agencies.]
(b) Purposes.--The purposes of this Act are--
(1) to introduce young men and women to public
service while furthering their understanding and
appreciation of the natural, cultural, historic,
archaeological, recreational, and scenic resources of
the United States;
(2) to facilitate training and recruitment
opportunities in which service is credited as
qualifying experience for careers in the management of
such resources;
(3) to instill in a new generation of young men and
women from across the United States, including young
men and women from diverse backgrounds, the desire to
seek careers in resource stewardship and public service
by allowing them to work directly with professionals in
agencies responsible for the management of the natural,
cultural, historic, archaeological, recreational, and
scenic resources of the United States;
(4) to perform, in a cost-effective manner,
appropriate natural and cultural resources conservation
projects where such projects are not being performed by
existing employees;
(5) to assist State and local governments and Indian
tribes in performing research and public education
tasks associated with the conservation of natural,
cultural, historic, archaeological, recreational, and
scenic resources;
(6) to expand educational opportunities on public
lands and by rewarding individuals who participate in
conservation corps with an increased ability to pursue
higher education and job training;
(7) to promote public understanding and appreciation
of the missions and the natural and cultural resources
conservation work of the participating Federal agencies
through training opportunities, community service and
outreach, and other appropriate means; and
(8) to create a grant program for Indian tribes to
establish the Indian Youth Service Corps so that Indian
youth can benefit from carrying out projects on Indian
lands that the Indian tribes and communities determine
to be priorities.
SEC. 203. DEFINITIONS.
For purposes of this title:
[(1) Appropriate conservation project.--The term
``appropriate conservation project'' means any project
for the conservation, restoration, construction or
rehabilitation of natural, cultural, historic,
archaeological, recreational, or scenic resources.
[(2) Corps and public lands corps.--The terms
``Corps'' and ``Public Lands Corps'' mean the Public
Lands Corps established under section 204.]
(1) Appropriate natural and cultural resources
conservation project.--The term ``appropriate natural
and cultural resources conservation project'' means any
project for the conservation, restoration,
construction, or rehabilitation of natural, cultural,
historic, archaeological, recreational, or scenic
resources.
(2) Consulting intern.--The term ``consulting
intern'' means a consulting intern selected under
section 206(a)(2).
(3) Corps and public lands service corps.--The terms
``Corps'' and ``Public Lands Service Corps'' mean the
Public Lands Service Corps established under section
204(a).
(4) Corps participant.--The term ``corps
participant'' means an individual enrolled--
(A) in the Corps or the Indian Youth Service
Corps; or
(B) as a resource assistant or consulting
intern.
[(3)] (5) Eligible service lands.--The term
``eligible service lands'' means public lands, Indian
lands, and Hawaiian home lands.
[(4)] (6) Hawaiian home lands.--The term ``Hawaiian
home lands'' means all lands given the status of
Hawaiian home lands under section 204 of the Hawaiian
Homes Commission Act, 1920 (42 Stat. 110), or under the
corresponding provision of the Constitution of the
State of Hawaii adopted under section 4 of the Act
entitled ``An Act to provide for the admission of the
State of Hawaii into the Union'', approved March 18,
1959 (Public Law 86-3; 73 Stat. 5).
[(5)] (7) Indian.--The term ``Indian'' means a person
who--
(A) is a member of an Indian tribe; or
(B) is a ``Native'', as defined in section
3(b) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(b)).
[(6)] (8) Indian lands.--The term ``Indian lands''
means--
(A) any Indian reservation;
(B) any public domain Indian allotments;
(C) any former Indian reservation in the
State of Oklahoma;
(D) any land held by incorporated Native
groups, regional corporations, and village
corporations under the Alaska Native Claims
Settlement Act (43 U.S.C. 1701 et seq.); and
(E) any land held by dependent Indian
communities within the borders of the United
States whether within the original or
subsequently acquired territory thereof, and
whether within or without the limits of a
State.
[(7)] (9) Indian tribe.--The term ``Indian tribe''
means an Indian tribe, band, nation, or other organized
group or community, including any Native village,
Regional Corporation, or Village Corporation, as
defined in subsection (c), (g), or (j), respectively,
of section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602 (c), (g), or (j)), that is recognized
as eligible for the special programs and services
provided by the United States under Federal law to
Indians because of their status as Indians.
(10) Indian youth service corps.--The term ``Indian
Youth Service Corps'' means a qualified youth or
conservation corps established under section 207 that--
(A) enrolls individuals between the ages of
15 and 25, inclusive, a majority of whom are
Indians; and
(B) is established pursuant to a tribal
resolution that describes the agreement between
the Indian tribe and the qualified youth or
conservation corps to operate an Indian Youth
Service Corps program for the benefit of the
members of the Indian tribe.
[(8)] (11) Priority project.--The term ``priority
project'' means an [appropriate conservation project]
appropriate natural and cultural resources conservation
project conducted on eligible service lands to further
1 or more of the purposes of the Healthy Forests
Restoration Act of 2003 ( 16 U.S.C. 6501 et seq.), as
follows:
(A) To reduce wildfire risk to a community,
municipal water supply, or other at-risk
Federal land.
(B) To protect a watershed or address a
threat to forest and rangeland health,
including catastrophic wildfire.
(C) To address the impact of insect or
disease infestations or other damaging agents
on forest and rangeland health.
(D) To protect, restore, or enhance forest
ecosystem components to--
(i) promote the recovery of
threatened or endangered species;
(ii) improve biological diversity; or
(iii) enhance productivity and carbon
sequestration.
[(9) Public lands.--The term ``public lands'' means
any lands or waters (or interest therein) owned or
administered by the United States, except that such
term does not include any Indian lands.]
(12) Public lands.--The term ``public lands'' means
any land or water (or interest therein) owned or
administered by the United States, including those
areas of coastal and ocean waters, the Great Lakes and
their connecting waters, and submerged lands over which
the United States exercises jurisdiction, except that
such term does not include Indian lands.
[(10)] (13) Qualified youth or conservation corps.--
The term ``qualified youth or conservation corps''
means any program established by a State or local
government, by the governing body of any Indian tribe,
or by a nonprofit organization that--
(A) is capable of offering meaningful, [full-
time,] productive work for individuals between
the ages of [16] 15 and 25, inclusive, in a
natural or cultural resource setting on
eligible service lands;
(B) gives participants a mix of work
experience, basic and life skills, education,
training, and support services; [and]
(C) provides participants with the
opportunity to develop citizenship values and
skills through service to their community and
the United States[.]; and
(D) makes available for audit for each fiscal
year for which the qualified youth or
conservation corps receives Federal funds under
this Act, all information pertaining to the
expenditure of the funds, any matching funds,
and participant demographics.
(14) Residential conservation centers.--The term
``residential conservation centers'' means the
facilities authorized under section 205.
[(11)] (15) Resource assistant.--The term ``resource
assistant'' means a resource assistant selected under
section [206] 206(a)(1).
[(12)] (16) Secretary.--The term ``Secretary''
means--
(A) with respect to National Forest System
land, the Secretary of Agriculture; [and]
(B) with respect to Indian lands, Hawaiian
home lands, or land administered by the
Department of the Interior, the Secretary of
the Interior[.]; and
(C) with respect to the National Marine
Sanctuary System, coral reefs, and other
coastal, estuarine, and marine habitats, and
other lands and facilities administered by the
National Oceanic and Atmospheric
Administration, the Secretary of Commerce.
[(13)] (17) State.--The term ``State'' means any
State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Virgin
Islands of the United States, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 204. [PUBLIC LANDS CORPS] PUBLIC LANDS SERVICE CORPS PROGRAM.
[(a) Establishment of Public Lands Corps.--There is hereby
established in the Department of the Interior and the
Department of Agriculture a Public Lands Corps.]
(a) Establishment of Public Lands Service Corps.--There is
established in the Department of the Interior, the Department
of Agriculture, and the Department of Commerce a Public Lands
Service Corps.
(b) Establishment of Corps Office; Coordinators; Liaison.--
(1) Establishment of offices.--
(A) Department of the interior.--The
Secretary of the Interior shall establish a
department-level office to coordinate the Corps
activities within the Department of the
Interior.
(B) Department of agriculture.--The Secretary
of Agriculture shall establish within the
Forest Service an office to coordinate the
Corps activities within that agency.
(C) Department of commerce.--The Secretary of
Commerce shall establish within the National
Oceanic and Atmospheric Administration an
office to coordinate the Corps activities
within that agency.
(2) Establishment of coordinators.--The Secretary
shall designate a Public Lands Service Corps
coordinator for each agency under the jurisdiction of
the Secretary that administers Corps activities.
(3) Establishment of liaison.--The Secretary of the
Interior shall establish an Indian Youth Service Corps
liaison that will--
(A) provide outreach to Indian tribes about
opportunities for establishing Corps and Indian
Youth Service Corps programs; and
(B) coordinate with the Tribal Liaison of the
Corporation for National Service to identify
and establish Corps and Indian Youth Service
Corps opportunities for Indian youth.
[(b) Participants.--The Corps shall consist of individuals
between the ages of 16 and 25, inclusive, who are enrolled as
participants in the Corps by the Secretary of the Interior or
the Secretary of Agriculture. To be eligible for enrollment in
the Corps, an individual shall satisfy the criteria specified
in section 137(b) of the National and Community Service Act of
1990. The Secretaries may enroll such individuals in the Corps
without regard to the civil service and classification laws,
rules, or regulations of the United States. The Secretaries may
establish a preference for the enrollment in the Corps of
individuals who are economically, physically, or educationally
disadvantaged.]
(c) Participants.--
(1) In general.--The Secretary may enroll in the
Corps individuals who are--
(A) hired by an agency under the jurisdiction
of the Secretary to perform work authorized
under this Act; or
(B) members of a qualified youth or
conservation corps with which the Secretary has
entered into a cooperative agreement to perform
work authorized under this Act.
(2) Resource assistants and consulting interns.--The
Secretary may also enroll in the Corps resource
assistants and consulting interns in accordance with
section 206(a).
(3) Eligibility requirements.--To be eligible for
enrollment as a Corps participant, an individual
shall--
(A) be between the ages of 15 and 25,
inclusive; and
(B) satisfy the requirements of section
137(a)(5) of the National and Community Service
Act of 1990 (42 U.S.C. 12591(a)(5)).
(4) Terms.--Each Corps participant may be enrolled in
the Corps for a term of up to 2 years of service, which
may be served over a period that exceeds 2 calendar
years.
(5) Civil service.--An individual may be enrolled as
a Corps participant without regard to the civil service
and classification laws, rules, or regulations of the
United States.
(6) Preference.--The Secretary may establish a
preference for the enrollment as Corps participants
individuals who are economically, physically, or
educationally disadvantaged.
[(c)] (d) Qualified Youth or Conservation Corps.--
(1) In general.--The Secretary is authorized to enter
into [contracts and] cooperative agreements with any
qualified youth or conservation corps to perform
[appropriate conservation projects] appropriate natural
and cultural resources conservation projects referred
to in [subsection (d)] subsection (f) of this section.
[(2) Preference.--
[(A) In general.--For purposes of entering
into contracts and cooperative agreements under
paragraph (1), the Secretary may give
preference to qualified youth or conservation
corps located in a specific area that have a
substantial portion of members who are
economically, physically, or educationally
disadvantaged to carry out projects within the
area.
[(B) Priority projects.--In carrying out
priority projects in a specific area, the
Secretary shall, to the maximum extent
practicable, give preference to qualified youth
or conservation corps located in that specific
area that have a substantial portion of members
who are economically, physically, or
educationally disadvantaged.]
(2) Recruitment.--The Secretary shall carry out, or
enter into cooperative agreements to provide, a program
to attract eligible youth to the Corps by publicizing
Corps opportunities through high schools, colleges,
employment centers, electronic media, and other
appropriate institutions and means.
(3) Preference.--In entering into cooperative
agreements under paragraph (1) or awarding competitive
grants to Indian tribes or tribally authorized
organizations under section 207, the Secretary may give
preference to qualified youth or conservation corps
that are located in specific areas where a substantial
portion of members are economically, physically, or
educationally disadvantaged.
(e) Training.--
(1) In general.--The Secretary shall establish a
training program based at appropriate residential
conservation centers or at other suitable regional
Federal or other appropriate facilities or sites to
provide training for Corps participants.
(2) Requirements.--In establishing a training program
under paragraph (1), the Secretary shall--
(A) ensure that the duration and
comprehensiveness of the training program shall
be commensurate with the projects Corps
participants are expected to undertake;
(B) develop department-wide standards for the
program that include training in--
(i) resource stewardship;
(ii) health and safety;
(iii) ethics for individuals in
public service;
(iv) teamwork and leadership; and
(v) interpersonal communications;
(C) direct the participating agencies within
the Department of the Interior, the Forest
Service in the case of the Department of
Agriculture, and the National Oceanic and
Atmospheric Administration in the case of the
Department of Commerce, to develop agency-
specific training guidelines to ensure that
Corps participants are appropriately informed
about matters specific to that agency,
including--
(i) the history and organization of
the agency;
(ii) the mission of the agency; and
(iii) any agency-specific standards
for the management of natural,
cultural, historic, archaeological,
recreational, and scenic resources; and
(D) take into account training already
received by Corps participants enrolled from
qualified youth or conservation corps.
[(d)] (f) Projects To Be Carried Out.--
(1) [In general.--]Use of corps; projects.--[The
Secretary may utilize the Corps or any qualified youth
or conservation corps to carry out]
(A) In general.--The Secretary may use the
Corps to carry out, with appropriate
supervision and training, [appropriate
conservation projects] appropriate natural and
cultural resources conservation projects which
the Secretary is authorized to carry out under
other authority of law [on public lands] on
eligible service lands.
(B) Projects.--Appropriate natural and
cultural resources conservation projects
carried out under this section may include--
(i) protecting, restoring, or
enhancing ecosystem components to
promote species recovery, improve
biological diversity, enhance
productivity and carbon sequestration,
and enhance adaptability and resilience
of eligible service lands and resources
to climate change and other natural and
human disturbances;
(ii) promoting the health of eligible
service lands, including--
(I) protecting and restoring
watersheds and forest,
grassland, riparian, estuarine,
marine, or other habitat;
(II) reducing the risk of
uncharacteristically severe
wildfire and mitigating damage
from insects, disease, and
disasters;
(III) controlling erosion;
(IV) controlling and removing
invasive, noxious, or nonnative
species; and
(V) restoring native species;
(iii) collecting biological,
archaeological, and other scientific
data, including climatological
information, species populations and
movement, habitat status, and other
information;
(iv) assisting in historical and
cultural research, museum curatorial
work, oral history projects,
documentary photography, and activities
that support the creation of public
works of art related to eligible
service lands; and (v) constructing,
repairing, rehabilitating, and
maintaining roads, trails, campgrounds
and other visitor facilities, employee
housing, cultural and historic sites
and structures, and other facilities
that further the purposes of this Act.
(2) Visitor services.--The Secretary may--
(A) enter into or amend an existing
cooperative agreement with a cooperating
association, educational institution, friends
group, or similar nonprofit partner
organization for the purpose of providing
training and work experience to Corps
participants in areas such as sales, office
work, accounting, and management, provided that
the work experience directly relates to the
conservation and management of eligible service
lands; and
(B) allow Corps participants to help promote
visitor safety and enjoyment of eligible
service lands, and assist in the gathering of
visitor use data.
(3) Interpretation.--The Secretary may permit Corps
participants to provide interpretation or education
services for the public under the direct and immediate
supervision of an agency employee--
(A) to provide orientation and information
services to visitors;
(B) to assist agency employees in the
delivery of interpretive or educational
programs where audience size, environmental
conditions, safety, or other factors make such
assistance desirable;
(C) to present programs that relate the
personal experience of the Corps participants
for the purpose of promoting public awareness
of the Corps, the role of the Corps in public
land management agencies, and the availability
of the Corps to potential participants; and
(D) to create nonpersonal interpretive
products, such as website content, Junior
Ranger program books, printed handouts, and
audiovisual programs.
[(2)] (4) Projects on indian lands.--[Appropriate
conservation projects] Appropriate natural and cultural
resources conservation projects may also be carried out
under this title on Indian lands with the approval of
the Indian tribe involved and on Hawaiian home lands
with the approval of the Department of Hawaiian Home
Lands of the State of Hawaii.
[(3)] (5) Disaster prevention or relief project.--The
Secretary may authorize [appropriate conservation
projects] appropriate natural and cultural resources
conservation projects and other appropriate projects to
be carried out on Federal, State, local, or private
land as part of a Federal disaster prevention or relief
effort.
[(e)] (g) Preference for certain projects.--In selecting
[appropriate conservation projects] appropriate natural and
cultural resources conservation projects to be carried out
under this title, the Secretary shall give preference to [those
projects which] priority projects and other projects that----
(1) will provide long-term benefits to the public;
[(2) will instill in the enrollee involved a work
ethic and a sense of public service;]
(2) will instill in Corps participants a work ethic
and a sense of public service;
(3) will be labor intensive;
(4) can be planned and initiated promptly; and
(5) will provide academic, experiential, or
environmental education opportunities.
[(f)] (h) Consistency.--Each [appropriate conservation
project] appropriate natural and cultural resources
conservation project carried out under this title on eligible
service lands shall be consistent with the provisions of law
and policies relating to the management and administration of
such lands, with all other applicable provisions of law, and
with all management, operational, and other plans and documents
which govern the administration of the area.
(i) Other Participants.--The Secretary may allow volunteers
from other programs administered or designated by the Secretary
to participate as volunteers in projects carried out under this
section.
(j) Criminal History Checks.--
(1) In general.--The requirements of section 189D(b)
of the National and Community Service Act of 1990 (42
U.S.C. 12645g(b)) shall apply to each individual age 18
or older seeking--
(A) to become a Corps participant;
(B) to receive funds authorized under this
Act; or
(C) to supervise or otherwise have regular
contact with Corps participants in activities
authorized under this Act.
(2) Eligibility prohibition.--If any of paragraphs
(1) through (4) of section 189D(c) of the National and
Community Service Act of 1990 (42 U.S.C. 12645g(c)(1)-
(4)) apply to an individual described in paragraph (1),
that individual shall not be eligible for the position
or activity described in paragraph (1), unless the
Secretary provides an exemption for good cause.
SEC. 205. [CONSERVATION] RESIDENTIAL CONSERVATION CENTERS AND PROGRAM
SUPPORT.
(a) Establishment and Use.--
[(1) In general.--The Secretary may establish and use
conservation centers owned and operated by the
Secretary for--
(A) use by the Public Lands Corps; and
(B) the conduct of appropriate conservation
projects under this title.]
(1) In general.--The Secretary may establish
residential conservation centers for--
(A) such housing, food service, medical care,
transportation, and other services as the
Secretary deems necessary for Corps
participants; and
(B) the conduct of appropriate natural and
cultural resources conservation projects under
this Act.
[(2) Assistance for conservation centers.--The
Secretary may provide to a conservation center
established under paragraph (1) any services,
facilities, equipment, and supplies that the Secretary
determines to be necessary for the conservation
center.]
[(3)] (2) Standards[ for conservation centers].--The
Secretary shall--
(A) establish basic standards of health,
nutrition, sanitation, and safety for all
[conservation centers] residential conservation
centers established under paragraph (1); and
(B) ensure that the standards established
under subparagraph (A) are enforced.
[(4)] (3) Management.--As the Secretary determines to
be appropriate, the Secretary may enter into a contract
or other appropriate arrangement with [a State or local
government agency] another Federal agency, State, local
government, or private organization to provide for the
management of a [conservation center] residential
conservation center.
(b) Logistical Support.--[The Secretary]
(1) In general.--The Secretary may make arrangements
with the Secretary of Defense to have logistical
support provided by the Armed Forces to the Corps and
any [conservation center] residential conservation
center established under this section, where feasible.
Logistical support may include the provision of
temporary tent shelters where needed, transportation,
and residential supervision.
(2) Temporary housing.--The Secretary may make
arrangements with another Federal agency, State, local
government, or private organization to provide
temporary housing for Corps participants as needed and
available.
(3) Transportation.--In project areas where Corps
participants can reasonably be expected to reside at
their own homes, the Secretary may fund or provide
transportation to and from project sites.
(c) Use of Military Installations.--The Secretary may make
arrangements with the Secretary of Defense to identify military
installations and other facilities of the Department of Defense
and, in consultation with the adjutant generals of the State
National Guards, National Guard facilities that may be used, in
whole or in part, by the Corps for training or housing Corps
participants.
(d) Facilities.--The Secretary may, as an appropriate
natural and cultural resources conservation project, direct
Corps participants to aid in the construction or rehabilitation
of residential conservation center facilities, including
housing.
(e) Mentors.--The Secretary may recruit from programs, such
as Federal volunteer and encore service programs, and from
veterans groups, military retirees, and active duty personnel,
such adults as may be suitable and qualified to provide
training, mentoring, and crew-leading services to Corps
participants.
[(d)] (f) Assistance.--The Secretary may provide any
services, facilities, equipment, supplies, technical
assistance, oversight, monitoring, or evaluations [that are
appropriate to carry out this title.] that the Secretary
determines to be necessary for a residential conservation
center.
SEC. 206. RESOURCE ASSISTANTS AND CONSULTING INTERNS.
[(a) Authorization.--The Secretary is authorized to
provide, individual placements of resource assistants with any
Federal land managing agency under the jurisdiction of the
Secretary resource assistants to carry out research or resource
protection activities on behalf of the agency. To be eligible
for selection as a resource assistant, an individual must be at
least 17 years of age. The Secretary may select resource
assistants without regard to the civil service and
classification laws, rules, or regulations of the United
States. The Secretary shall give a preference to the selection
of individuals who are enrolled in an institution of higher
education or are recent graduates from an institution of higher
education, with particular attention given to ensure full
representation of women and participants from historically
black, Hispanic, and Native American schools.
[(b) Use of Existing Nonprofit Organizations.--Whenever one
or more existing nonprofit organizations can provide, in the
judgment of the Secretary, appropriate recruitment and
placement services to fulfill the requirements of this section,
the Secretary may implement this section through such existing
organizations. Participating nonprofit organizations shall
contribute to the expenses of providing and supporting the
resource assistants, through private sources of funding, at a
level equal to 25 percent of the total costs of each
participant in the Resource Assistant program who has been
recruited and placed through that organization. Any such
participating nonprofit conservation service organization shall
be required, by the respective land managing agency, to submit
an annual report evaluating the scope, size, and quality of the
program, including the value of work contributed by the
Resource Assistants, to the mission of the agency.]
(a) Authorization.--
(1) Resource assistants.--
(A) In general.--The Secretary may provide
individual placements of resource assistants
with any agency under the jurisdiction of the
Secretary that carries out appropriate natural
and cultural resources conservation projects to
carry out research or resource protection
activities on behalf of the agency.
(B) Eligibility.--To be eligible for
selection as a resource assistant, an
individual shall be at least 17 years of age.
(C) Preference.--In selecting resource
assistants for placement under this paragraph,
the Secretary shall give a preference to
individuals who are enrolled in an institution
of higher education or are recent graduates
from an institution of higher education, with
particular attention given to ensuring full
representation of women and participants from
Historically Black Colleges and Universities,
Hispanic-serving institutions, and Tribal
Colleges and Universities.
(2) Consulting interns.--
(A) In general.--The Secretary may provide
individual placements of consulting interns
with any agency under the jurisdiction of the
Secretary that carries out appropriate natural
and cultural resources conservation projects to
carry out management analysis activities on
behalf of the agency.
(B) Eligibility.--To be eligible for
selection as a consulting intern, an individual
shall be enrolled in, and have completed at
least 1 full year at, a graduate or
professional school that has been accredited by
an accrediting body recognized by the Secretary
of Education.
(b) Use of Existing Nonprofit Organizations.--
(1) In general.--Whenever 1 or more nonprofit
organizations can provide appropriate recruitment and
placement services to fulfill the requirements of this
section, the Secretary may implement this section
through such organizations.
(2) Expenses.--Participating organizations shall
contribute to the expenses of providing and supporting
the resource assistants or consulting interns from
sources of funding other than the Secretary, at a level
of not less than 25 percent of the total costs (15
percent of which may be from in-kind sources) of each
participant in the resource assistant or consulting
intern program who has been recruited and placed
through that organization.
(3) Reporting.--Each participating organization shall
be required to submit an annual report evaluating the
scope, size, and quality of the program, including the
value of work contributed by the resource assistants
and consulting interns, to the mission of the agency.
SEC. 207. INDIAN YOUTH SERVICE CORPS.
(a) Authorization of Cooperative Agreements and Competitive
Grants.--The Secretary is authorized to enter into cooperative
agreements with, or make competitive grants to, Indian tribes
and qualified youth or conservation corps for the establishment
and administration of Indian Youth Service Corps programs to
carry out appropriate natural and cultural resources
conservation projects on Indian lands.
(b) Application.--To be eligible to receive assistance
under this section, an Indian tribe or a qualified youth or
conservation corps shall submit to the Secretary an application
in such manner and containing such information as the Secretary
may require, including--
(1) a description of the methods by which Indian
youth will be recruited for and retained in the Indian
Youth Service Corps;
(2) a description of the projects to be carried out
by the Indian Youth Service Corps;
(3) a description of how the projects were
identified; and
(4) an explanation of the impact of, and the direct
community benefits provided by, the proposed projects.
SEC. 208. GUIDANCE.
Not later than 18 months after funds are made available to
the Secretary to carry out this Act, the Secretary shall issue
guidelines for the management of programs under the
jurisdiction of the Secretary that are authorized under this
Act.
SEC. [207] 209. LIVING ALLOWANCES AND TERMS OF SERVICE.
[(a) Living Allowances.--The Secretary shall provide each
participant in the Public Lands Corps and each resource
assistant with a living allowance in an amount established by
the Secretary.
[(b) Terms of Service.--Each participant in the Corps and
each resource assistant shall agree to participate in the Corps
or serve as a resource assistant, as the case may be, for such
term of service as may be established by the Secretary
enrolling or selecting the individual.
[(c) Hiring.--The Secretary may--
[(1) grant to a member of the Public Lands Corps
credit for time served with the Public Lands Corps,
which may be used toward future Federal hiring; and
[(2) provide to a former member of the Public Lands
Corps noncompetitive hiring status for a period of not
more than 120 days after the date on which the member's
service with the Public Lands Corps is complete.]
(a) Living Allowances.--
(1) In general.--The Secretary shall provide each
Corps participant with a living allowance in an amount
established by the Secretary.
(2) Travel costs.--The Secretary may reimburse Corps
participants for travel costs at the beginning and end
of the term of service of the Corps participants.
(b) Terms of Service.--
(1) In general.--Each Corps participant shall agree
to participate for such term of service as may be
established by the Secretary.
(2) Consultations.--With respect to the Indian Youth
Service Corps, the term of service shall be established
in consultation with the affected Indian tribe or
tribally authorized organization.
(c) Hiring Preference and Future Employment.--The Secretary
may--
(1) grant to a Corps participant credit for time
served as a Corps participant, which may be used toward
future Federal hiring;
(2) provide to a former participant of the Corps or
the Indian Youth Service Corps noncompetitive hiring
status for a period of not more than 2 years after the
date on which the service of the candidate in the Corps
or the Indian Youth Service Corps was complete, if the
candidate--
(A) has served a minimum of 960 hours on an
appropriate natural or cultural resources
conservation project that included at least 120
hours through the Corps or the Indian Youth
Service Corps; and
(B) meets Office of Personnel Management
qualification standards for the position for
which the candidate is applying;
(3) provide to a former resource assistant or
consulting intern noncompetitive hiring status for a
period of not more than 2 years after the date on which
the individual has completed an undergraduate or
graduate degree, respectively, from an accredited
institution, if the candidate--
(A) successfully fulfilled the resource
assistant or consulting intern program
requirements; and
(B) meets Office of Personnel Management
qualification standards for the position for
which the candidate is applying; and
(4) provide, or enter into contracts or cooperative
agreements with qualified employment agencies to
provide, alumni services such as job and education
counseling, referrals, verification of service,
communications, and other appropriate services to Corps
participants who have completed the term of service.
SEC. [208] 210. NATIONAL SERVICE EDUCATIONAL AWARDS.
(a) Educational Benefits and Awards.--If a [participant in
the Public Lands Corps or a resource assistant] Corps
participant also serves in an approved national service
position designated under subtitle C of title I of the National
and Community Service Act of 1990, the [participant or resource
assistant] Corps participant shall be eligible for a national
service educational award in the manner prescribed in subtitle
D of such title upon successfully complying with the
requirements for the award. The period during which the
national service educational award may be used, the purposes
for which the award may be used, and the amount of the award
shall be determined as provided under such subtitle.
(b) Forbearance in the Collection of Stafford Loans.--For
purposes of section 428 of the Higher Education Act of 1965, in
the case of borrowers who are [either participants in the Corps
or resource assistants] Corps participants, upon written
request, a lender shall grant a borrower forbearance on such
terms as are otherwise consistent with the regulations of the
Secretary of Education, during periods in which the borrower is
serving as such a participant[ or a resource assistant].
SEC. [209] 211. NONDISPLACEMENT.
The nondisplacement requirements of section 177 of the
National and Community Service Act of 1990 shall be applicable
to all [activities carried out by the Public Lands Corps, to
all activities carried out under this title by a qualified
youth or conservation corps, and to the selection and service
of resource assistants.] Corps participants.
SEC. [210] 212. FUNDING.
(a) Cost Sharing.--
(1) Projects by qualified youth or conservation
corps.--The Secretary is authorized to pay not more
than 75 percent of the costs of any [appropriate
conservation project] appropriate natural and cultural
resources conservation project carried out pursuant to
this title on public lands by a qualified youth or
conservation corps. The remaining 25 percent of the
costs of such a project may be provided from
[nonfederal sources] sources other than the Secretary
in the form of funds, services, facilities, materials,
equipment, or any combination of the foregoing. The
Secretary may pay up to 90 percent of the costs of a
project if the Secretary determines that the reduction
is necessary to enable participation from a greater
range of organizations or individuals. No cost sharing
shall be required in the case of any [appropriate
conservation project] appropriate natural and cultural
resources conservation project carried out on Indian
lands or Hawaiian home lands under this title.
(2) [Public lands] Corps projects.--The Secretary is
authorized to accept donations of funds, services,
facilities, materials, or equipment for the purposes of
operating the [Public Lands Corps] Corps or Indian
Youth Service Corps and carrying out [appropriate
conservation projects] appropriate natural and cultural
resources conservation projects by the Corps or Indian
Youth Service Corps. However, nothing in this title
shall be construed to require any cost sharing for any
project carried out directly by the Corps or Indian
Youth Service Corps.
[(b) Funds Available Under National and Community Service
Act.--In order to carry out the Public Lands Corps or to
support resource assistants and qualified youth or conservation
corps under this title, the Secretary shall be eligible to
apply for and receive assistance under section 121(b) of the
National and Community Service Act of 1990.]
(b) Funds Available Under National and Community Service
Act.--To carry out this Act, the Secretary shall be eligible to
apply for and receive assistance under section 121(b) of the
National and Community Service Act (42 U.S.C. 12571(b)).
(c) Other Funds.--Amounts appropriated pursuant to the
authorization of appropriations under [section 211] section 213
are in addition to amounts allocated to the [Public Lands
Corps] Corps or Indian Youth Service Corps through other
Federal programs or projects.
SEC. [211] 213. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this title $12,000,000 for each fiscal [year, of
which $8,000,000 is authorized to carry out priority projects
and $4,000,000 of which is authorized to carry out other
appropriate conservation projects.] year.
[(b) Disaster Relief or Prevention Projects.--
Notwithstanding subsection (a), any amounts made available
under that subsection shall be available for disaster
prevention or relief projects.]
[(c)] (b) Availability of Funds.--Notwithstanding any other
provision of law, amounts appropriated for any fiscal year to
carry out this title shall remain available for obligation and
expenditure until the end of the fiscal year following the
fiscal year for which the amounts are appropriated.
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