Statement of Scott Cameron
Deputy Assistant Secretary –
Performance, Accountability, and Human Resources
U.S. Department of the Interior
On H.R. 4170 and H.R. 2400
Before the Committee on Energy and Natural Resources
Subcommittee on Public Lands and Forests
United States Senate
September 29, 2004
Mr. Chairman and members of the Committee, it is a pleasure for me to appear before you today to discuss the Administration's views on a number of bills of concern to the Department of the Interior.
First, I would like to speak about H.R. 4170, a bill to authorize the Secretary of the Interior to recruit volunteers to assist with the activities of various agencies and offices of the Department of the Interior. The Department of the Interior strongly supports this bill and urges that it be enacted. It is consistent with the Administration’s program. Through our Take Pride in America program, the Department of the Interior recruits, supports, and recognizes volunteers who work to improve our public lands and cultural and historic sites. Volunteers across America help public land managers fix fences and trails, stabilize soils, replant stream banks devastated by forest fires, restore historic buildings, teach kids to fish, collect data and monitor bird populations. They direct their energy to serving the American public and building a culture of responsibility.
Currently, just five of the Interior Department’s eight bureaus have authority to accept volunteers, and two of these have only limited authority to use volunteers. Statutory provisions regarding the proper limitations on using volunteers are inconsistent or nonexistent. H.R. 4170 would provide clear authority to pay for incidental services or costs associated with volunteers, such as providing supplies or transportation to a work site, and for training and supervision of volunteers. This bill would fill many statutory gaps, providing authority for the Bureau of Indian Affairs and the Office of the Secretary to work with volunteers to support the renewal of the Take Pride in America program, and perfecting the existing volunteer authority of the United States Geological Survey and the Bureau of Reclamation. The Department of the Interior is therefore pleased to support the passage of this legislation.
The bill is entirely consistent with existing authorities. It does not disturb the current statutory volunteer authority of the three bureaus that presently have sufficient authority and avoids disruption of existing programs to the maximum extent possible. This bill would not displace employees.
The Department of the Interior is a leader in the federal government in providing opportunities for volunteer service. Because of our unique mission in support of the Nation’s natural and cultural heritage, we believe that expanding volunteer authority makes eminent good sense and that this bill is suitably drafted for that purpose. If this bill is enacted, Americans will have opportunities, for example, to volunteer as tutors in BIA schools. Nineteenth century French writer Alexis de Tocqueville observed that the United States was a nation of voluntary associations. H.R. 4170 will help to make sure our 21st century laws keep this spirit of volunteerism alive.
Next, I will address H.R. 2400 - a
bill to amend the Organic Act of Guam to clarify Guam's local judicial structure. H.R. 2400
would establish the local court system of Guam as a third co-equal, and unified branch of government,
alongside the legislative and executive branches of the Government of Guam. The
Administration has no objection to the passage of this bill.
Enacted by the Congress, the Organic Act of Guam sets out the structure of the government of Guam. Amendments over time have continually added to self-government in the territory. The Organic Act established a legislature. It was later amended to change the executive from an appointed Governor to an elected Governor, and in 1984, to authorize the Legislature to establish a local appeals court. In 1994, under the authority granted in the Organic Act, the Legislature of Guam established the Supreme Court of Guam. But, two years later, the Legislature removed from the Supreme Court its administrative authority over the Superior Court of Guam. Since then Guam has had a bifurcated local court system at a time when virtually all states have unified court systems.
H.R. 2400 would amend the judicial provisions of the Organic Act of Guam to specifically name the Supreme Court of Guam as Guam's appellate court, and outline the powers of the Supreme Court, including full administrative authority for the Supreme court over the local court system.
It is argued that only an act of Congress can bring unity and dignity to Guam's local courts. Proponents of H.R. 2400 suggest that if the Legislature retains control, the court system is subject to influence by the Legislature. Only by placing local court authority in the Organic Act of Guam can the judiciary of Guam be a co-equal and independent branch of the Government of Guam. Opponents suggest that the system is working fine, and that an administrative function divided between the Supreme Court and Superior Court is healthy for judicial system.
The structure of Guam's local judiciary is largely a self-government issue for Guam. As such, opinion from Guam should be given great consideration, as long as issues of overriding Federal interest are not involved. In 1997, the Executive branch examined an earlier version of the bill under consideration today. A number of suggestions were made for improving the bill and harmonizing it with the Federal court system. H.R. 2400 includes the suggested modifications in language. The Administration, therefore, has no objection to the enactment of H.R. 2400 in its present form.