39–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–112 

NATIONAL FISH AND WILDLIFE FOUNDATION 

REAUTHORIZATION ACT OF 2005 

JUNE 8, 2005.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 1428] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 1428) to authorize appropriations for the National Fish and 

Wildlife Foundation, and for other purposes, having considered the 

same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Fish and Wildlife Foundation Reauthorization Act of 2005’’. 

SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

Section 10(a)(1) of the National Fish and Wildlife Foundation Establishment Act 

(16 U.S.C. 3709(a)(1)) is amended by striking ‘‘fiscal years 2001 through 2005’’ and 

inserting ‘‘fiscal years 2006 through 2010’’. 

SEC. 3. APPLICATION OF NOTICE REQUIREMENT LIMITED TO GRANTS MADE WITH FEDERAL 

FUNDS. 

Section 4(i) of the National Fish and Wildlife Foundation Establishment Act (16 

U.S.C. 3703(i)) is amended by striking ‘‘grant of funds’’ and inserting ‘‘grant of Federal funds in an amount greater than $10,000’’. 

SEC. 4. CLARIFICATION OF AUTHORITY TO USE FEDERAL FUNDS TO MATCH CONTRIBUTIONS 

MADE TO RECIPIENTS OF NATIONAL FISH AND WILDLIFE FOUNDATION GRANTS. 

Section 10(a)(3) of the National Fish and Wildlife Foundation Establishment Act 

(16 U.S.C. 3709(a)(3)) is amended by inserting ‘‘, or to a recipient of a grant provided by the Foundation,’’ after ‘‘made to the Foundation’’. 

SEC. 5. REPEAL. 

Effective September 30, 2015, the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) is hereby repealed. 

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PURPOSE OF THE BILL

The purpose of H.R. 1428 is to authorize appropriations for the 

National Fish and Wildlife Foundation. 

BACKGROUND AND NEED FOR LEGISLATION

On March 26, 1984, President Ronald Reagan signed H.R. 2809 

into law, thus establishing the National Fish and Wildlife Foundation (Public Law 98–244). The National Fish and Wildlife Foundation Establishment Act states that: ‘‘The Foundation is a charitable 

and nonprofit corporation and is not an agency or establishment of 

the United States. The purposes of the Foundation are: to encourage, accept, and administer private gifts of property for the benefit 

of, or in connection with, the activities and services of the United 

States Fish and Wildlife Service; and to undertake and conduct 

such other activities as will further the conservation and management of the fish, wildlife, and plant resources of the United States, 

and its territories and possessions, for present and future generations of Americans.’’ The Act stipulated that the Foundation would be governed by a 

Board of Directors consisting of nine U.S. citizens appointed by the 

Secretary of the Interior; the members of the Board would serve for 

a maximum of twelve years without pay but would be eligible for 

travel and subsistence expenses. The Foundation would be audited 

on a yearly basis. Furthermore, the Foundation was required to 

match, on a one-for-one basis, any money it received from the U.S. 

Congress for the purpose of grant awards. The Foundation was authorized initially to receive up to $1 million a year for a ten-year 

period. 

In 1988, the Congress increased the authorization level for the Foundation to $5 million a year and also repealed the one-for-one 

matching fund requirement (Public Law 100–240). In 1990, Congress extended and increased the Foundation’s authorization ceilings in the following manner: $15 million in Fiscal Year 1991, $20 

million in Fiscal Year 1992 and $25 million in Fiscal Year 1993. 

In addition, the legislation (Public Law 101–593) prohibited the 

Foundation from using any federal funds for its administrative expenses including salaries, travel, transportation and other overhead expenses. In 1994, the National Fish and Wildlife Improvement Act was enacted. This law (Public Law 103–232) contained 

several provisions including: expansion of the Foundation’s Board 

of Directors from nine to 15 members; explicit new authority for 

the Foundation to work with the National Oceanic and Atmospheric Administration on marine conservation projects; and authorizations of $25 million annually for five fiscal years until September 30, 1998. 

In 2000, the Congress enacted the National Fish and Wildlife 

Foundation Establishment Act Amendments. This legislation again 

increased the size of the Board of Directors to 25 members; reinstated the matching requirement; established a 30-day Congressional notice requirement for any proposed conservation grant; prohibited the use of federal funds by those groups or individuals who 

obtain grant money from the Foundation from engaging in litigation and lobbying; and extended authorizations of appropriations 

until September 30, 2003. However, Congress inadvertently reVerDate Aug 04 2004 00:54 Jun 11, 2005 Jkt 039006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR112.XXX HR112
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duced the Foundation’s authorization for the Department of the In- terior from $25 to $20 million. This oversight was corrected in Section 6 of Public Law 107–141, the Asian Elephant Conservation Reauthorization Act of 2002. This measure restored the authorization 

to $25 million per year and extended the authorization period until 

September 30, 2005. 

Most recently, Congress approved in 2003 the National Park System Laws Technical Amendments Act which partially affected the 

Foundation. Incorporated within Section 9 of Public Law 108–352 

is language stipulating that employees of foundations established 

by Acts of Congress, which includes the National Fish and Wildlife 

Foundation, the National Forest Foundation and the National Park 

Foundation, are eligible for General Services Administration contract airfares. 

Since its establishment in 1984, the Foundation has funded more 

than 6,420 conservation projects throughout the United States and 

in other counties. By using a partnership and challenge grant approach, $305 million in federal funds have leveraged conservation 

projects worth more than $918.8 million. This match ratio of $3 

non-federal dollars for each federal dollar appropriated to the 

Foundation is outstanding. Moreover, the Foundation has built 

partnerships with 388 federal partners, 514 state and local agencies, 186 colleges and universities, and 1,815 different conservation 

groups, including the Alliance for the Chesapeake Bay, Ducks Unlimited, the Izaak Walton League of America, the National Audubon Society, the Malpai Borderlands Group, Nez Perce Tribe, Palau 

Conservation Society, Point Reyes Bird Observatory, Rocky Mountain Elk Foundation and the Wildlife Conservation Society. 

The fundamental goals of the funded conservation projects has 

been: to engage the broadest possible base of partners for collaborative conservation; increase resources for conservation; support innovative and sustainable conservation solutions; respect private 

property rights and enhance personal and community livelihoods; 

recover and sustain viable and healthy ecosystems; maintain scientific rigor and integrity; and maximize efficiency, customer service and financial accountability. 

In the past few years, the Foundation has allocated money for a 

number of important conservation projects including the California 

Saltwater Wetlands Habitat Restoration, the Chesapeake Bay 

Wildlife Habitat Stewardship, Conserving Coral Reef Ecosystems, 

Early Warning System for Invasive Species, New Jersey Pinelands 

Protections, California Rangeland Trust, Oyster Restoration in 

Maryland’s Coastal Bays and the Conservation of Endangered Sea 

Turtles and their Habitat. In addition, the Foundation has successfully collaborated with a number of non-governmental entities such 

as Exxon Mobile Foundation, the Alcoa Foundation, AnheuserBusch, CALFED Bay Delta Program, ESPN, the Southern Company, Bass Pro Shops, Conoco Phillips, Disney, and the United 

States Golf Association to support projects. 

One of the most exciting conservation projects has been the partnership between the National Fish and Wildlife Foundation and 

the Exxon Mobile Foundation in the establishment of the Save the 

Tiger Fund (STF) in 1995. The STF is designed to assist in the conservation of highly endangered tigers in the wild, which are estimated to be about 5,000 animals. Since 1995, the Save the Tiger 

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Fund has financed 270 projects in excess of $13 million for the advancement of conservation science, as well as improve the welfare 

of the local people who inhabit wild tiger range land. This Fund, 

together with the monies appropriated by Congress to the Rhinoceros and Tiger Conservation Fund, is critical to the survival of this 

species. 

This legislation makes several improvements to the underlying 

statue including: modification of the notice to Members of Congress 

requirement to those projects that receive more than $10,000 in 

federal funds and clarification of the term ‘‘recipient’’ to ensure 

that the proper grant authority is responsible for satisfying the 

one-to-one matching requirement. During the hearing on this legislation, the Chairman of the Foundation’s Board of Directors indicated that the Board would continue to notify Congress on all of 

its grants. In fact, only those projects that have gone through the 

Congressional notification process and approved by the 25-member 

Board of Directors are eligible for any grant money. The bill also 

extends the current authorization levels until September 30, 2010. 

COMMITTEE ACTION

H.R. 1428 was introduced on March 17, 2005, by Congressmen 

Richard W. Pombo (R–CA). The bill was referred to the Committee 

on Resources and within the Committee to the Subcommittee on 

Fisheries and Oceans. On April 26, 2005, the Subcommittee held 

a hearing on the bill. On May 18, 2005, the Full Resources Committee met to consider the bill. The Subcommittee was discharged 

from further consideration of the bill by unanimous consent. Chairman Richard Pombo offered an amendment in the nature of a substitute that stipulated that the underlying statute creating the National Fish and Wildlife Foundation would be repealed on September 30, 2015, if the Congress fails to reauthorize additional 

money for that organization prior to that date. The amendment 

was adopted by unanimous consent. The bill, as amended, was then 

ordered favorably reported to the House of Representatives by 

unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill preVerDate Aug 04 2004 00:54 Jun 11, 2005 Jkt 039006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR112.XXX HR112
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pared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to authorize appropriations for the National Fish and 

Wildlife Foundation. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 1428—National Fish and Wildlife Foundation Reauthorization 

Act of 2005 

Summary: H.R. 1428 would extend the authorization of appropriations for federal support of the National Fish and Wildlife 

Foundation. CBO estimates that implementing H.R. 1428 would 

cost $30 million in 2006 and $150 million over the next five years, 

assuming appropriation of the authorized amounts. Enacting the 

bill would not affect direct spending or revenues. H.R. 1428 contains no intergovernmental or private-sector mandates as defined 

in the Unfunded Mandates Reform Act (UMRA) and would impose 

no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1428 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

H.R. 1428 would authorize, through 2010, appropriations totaling 

$30 million a year for federal support of the National Fish and 

Wildlife Foundation ($7 million was appropriated for that purpose 

in fiscal year 2005). The foundation is a nonprofit corporation established by federal law to provide grants for activities related to 

conserving and managing fish, wildlife, plants, and other natural 

resources. Assuming appropriation of the specified amounts, CBO 

estimates that payments to the foundation under H.R. 1428 would 

cost $30 million a year over the 2006–2010 period. 

By fiscal year, in millions of dollars— 

2005 2006 2007 2008 2009 2010 

SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law for the National Fish and Wildlife Foundation: 

Budget Authority 1 ........................................................................... 7 0 0 0 0 0 

Estimated Outlays ........................................................................... 7 0 0 0 0 0 

Proposed Changes: 

Authorization Level .......................................................................... 0 30 30 30 30 30 

Estimated Outlays ........................................................................... 0 30 30 30 30 30 

Spending Under H.R. 1428 for the National Fish and Wildlife Foundation: 

Authorization Level 1 ........................................................................ 7 30 30 30 30 30 

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By fiscal year, in millions of dollars—

2005 2006 2007 2008 2009 2010 

Estimated Outlays ........................................................................... 7 30 30 30 30 30 

1 The 2005 level is the amount appropriated for federal support of the National Fish and Wildlife Foundation for that year. 

Intergovernmental and private-sector impact: H.R. 1428 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Megan Carroll. Impact on 

State, Local, and Tribal Governments: Marjorie Miller. Impact on 

the Private Sector: Jean Talarico. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as 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): 

NATIONAL FISH AND WILDLIFE FOUNDATION 

ESTABLISHMENT ACT 

* * * * * * * 

SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. 

(a) * * * 

* * * * * * * 

(i) NOTICE TO MEMBERS OF CONGRESS.—The Foundation shall 

not make a øgrant of funds¿ grant of Federal funds in an amount 

greater than $10,000 unless, by not later than 30 days before the 

grant is made, the Foundation provides notice of the grant to the 

Member of Congress for the congressional district in which the 

project to be funded with the grant will be carried out. 

* * * * * * * 

SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated to 

carry out this Act for each of øfiscal years 2001 through 2005¿ 

fiscal years 2006 through 2010—

(A) * * * 

* * * * * * * 

(3) USE OF APPROPRIATED FUNDS.—Subject to paragraph (4), 

amounts made available under paragraph (1) shall be provided 

to the Foundation for use for matching, on a 1-to-1 basis, conVerDate Aug 04 2004 00:54 Jun 11, 2005 Jkt 039006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR112.XXX HR112
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tributions (whether in currency, services, or property) made to 

the Foundation, or to a recipient of a grant provided by the 

Foundation, by private persons and State and local government agencies. 

* * * * * * * 

[Effective September 30, 2015, section 5 of H.R. 1428 provides that the Act 

entitled National Fish and Wildlife Foundation Establishment Act is repealed.] 

øSECTION 1. SHORT TITLE. 

øThis Act may be cited as the ‘‘National Fish and Wildlife Foundation Establishment Act’’. 

øSEC. 2. ESTABLISHMENT AND PURPOSES OF FOUNDATION. 

ø(a) ESTABLISHMENT.—There is established the National Fish 

and Wildlife Foundation (hereinafter in this Act referred to as the 

‘‘Foundation’’). The Foundation is a charitable and nonprofit corporation and is not an agency or establishment of the United 

States. 

ø(b) PURPOSES.—The purposes of the Foundation are—

ø(1) to encourage, accept, and administer private gifts of 

property for the benefit of, or in connection with, the activities 

and services of the United States Fish and Wildlife Service and 

the National Oceanic and Atmospheric Administration, to further the conservation and management of fish, wildlife, plants, 

and other natural resources; 

ø(2) to undertake and conduct such other activities as will 

further the conservation and management of the fish, wildlife, 

and plant resources of the United States, and its territories 

and possessions, for present and future generations of Americans; and 

ø(3) to participate with, and otherwise assist, foreign governments, entities, and individuals in undertaking and conducting 

activities that will further the conservation and management 

of the fish, wildlife, and plant resources of other countries. 

øSEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. 

ø(a) ESTABLISHMENT AND MEMBERSHIP.—

ø(1) IN GENERAL.—The Foundation shall have a governing 

Board of Directors (referred to in this Act as the ‘Board’), 

which shall consist of 25 Directors appointed in accordance 

with subsection (b), each of whom shall be a United States citizen. 

ø(2) REPRESENTATION OF DIVERSE POINTS OF VIEW.—To the 

maximum extent practicable, the membership of the Board 

shall represent diverse points of view relating to conservation 

and management of fish, wildlife, plants, and other natural resources. 

ø(3) NOT FEDERAL EMPLOYEES.—Appointment as a Director 

of the Foundation shall not constitute employment by, or the 

holding of an office of, the United States for the purpose of any 

Federal law. 

ø(b) APPOINTMENT AND TERMS.—

ø(1) AGENCY HEADS.—The Director of the United States Fish 

and Wildlife Service and the Under Secretary of Commerce for 

Oceans and Atmosphere shall be Directors of the Foundation. 

8 

ø(2) APPOINTMENTS BY THE SECRETARY OF THE INTERIOR.—

ø(A) IN GENERAL.—Subject to subparagraph (B), after 

consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the 

Secretary of the Interior shall appoint 23 Directors who 

meet the criteria established by subsection (a), of whom—

ø(i) at least six shall be educated or experienced in 

fish, wildlife, or other natural resource conservation; 

ø(ii) at least four shall be educated or experienced in 

the principles of fish, wildlife, or other natural resource management; and 

ø(iii) at least four shall be educated or experienced 

in ocean and coastal resource conservation. 

ø(B) TRANSITION PROVISION.—

ø(i) CONTINUATION OF TERMS.—The 15 Directors 

serving on the Board as of the date of the enactment 

of this paragraph shall continue to serve until the expiration of their terms. 

ø(ii) NEW DIRECTORS.—Subject to paragraph (3), the 

Secretary of the Interior shall appoint eight new Directors. 

ø(3) TERMS.—

ø(A) IN GENERAL.—Subject to subparagraph (B), each Director (other than a Director described in paragraph (1)) 

shall be appointed for a term of 6 years. 

ø(B) INITIAL APPOINTMENTS TO NEW MEMBER POSITIONS.—Of the Directors appointed by the Secretary of the 

Interior under paragraph (2)(B)(ii), the Secretary shall appoint, in fiscal year 2001, three Directors for a term of 6 

years. 

ø(C) SUBSEQUENT APPOINTMENTS TO NEW MEMBER POSITIONS.—Of the Directors appointed by the Secretary of the 

Interior under paragraph (2)(B)(ii), the Secretary shall appoint, in fiscal year 2002—

ø(i) two Directors for a term of 2 years; and 

ø(ii) three Directors for a term of 4 years. 

ø(4) VACANCIES.—

ø(A) IN GENERAL.—The Secretary of the Interior shall fill 

a vacancy on the Board. 

ø(B) TERM OF APPOINTMENTS TO FILL UNEXPIRED

TERMS.—An individual appointed to fill a vacancy that occurs before the expiration of the term of a Director shall 

be appointed for the remainder of the term. 

ø(5) REAPPOINTMENT.—An individual (other than an individual described in paragraph (1)) shall not serve more than 2 

consecutive terms as a Director, excluding any term of less 

than 6 years. 

ø(6) REQUEST FOR REMOVAL.—The executive committee of the 

Board may submit to the Secretary of the Interior a letter describing the nonperformance of a Director and requesting the 

removal of the Director from the Board. 

ø(7) CONSULTATION BEFORE REMOVAL.—Before removing any 

Director from the Board, the Secretary of the Interior shall 

consult with the Secretary of Commerce. 

9 

ø(c) CHAIRMAN.—The Chairman shall be elected by the Board 

from its members for a 2-year term. 

ø(d) QUORUM.—A majority of the current membership of the 

Board shall constitute a quorum for the transaction of business. 

ø(e) MEETINGS.—The Board shall meet at the call of the Chairman at least once a year. If a Director misses 3 consecutive regularly scheduled meetings, that individual may be removed from the 

Board and that vacancy filled in accordance with subsection (b). 

ø(f) REIMBURSEMENT OF EXPENSES.—Members of the Board shall 

serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the 

performance of the duties of the Foundation. 

ø(g) GENERAL POWERS.—

ø(1) The Board may complete the organization of the Foundation by—

ø(A) appointing officers and employees; 

ø(B) adopting a constitution and bylaws consistent with 

the purposes of the Foundation and the provisions of this 

Act; and 

ø(C) undertaking of other such acts as may be necessary 

to carry out the provisions of this Act. 

ø(2) The following limitations apply with respect to the appointment of officers and employees of the Foundation: 

ø(A) Officers and employees may not be appointed until 

the Foundation has sufficient funds to pay them for their 

service. Officers and employees of the Foundation shall be 

appointed without regard to the provisions of title 5, 

United States Code, governing appointments in the competitive service, and may be paid without regard to the 

provisions of chapter 51 and subchapter III of chapter 53 

of such title relating to classification and General Schedule 

pay rates. 

ø(B) The first officer or employee appointed by the Board 

shall be the Secretary of the Board who—

ø(i) shall serve, at the direction of the Board, as its 

chief operating officer; and 

ø(ii) shall be knowledgeable and experienced in matters relating to fish and wildlife conservation. 

øSEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. 

ø(a) IN GENERAL.—The Foundation—

ø(1) shall have perpetual succession; 

ø(2) may conduct business throughout the several States, 

territories, and possessions of the United States and abroad; 

ø(3) shall have its principal offices in the District of Columbia or in a county in the State of Maryland or Virginia that 

borders on the District of Columbia; and 

ø(4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation. 

The serving of notice to, or service of process upon, the agent required under paragraph (4), or mailed to the business address of 

such agent, shall be deemed as service upon or notice to the Foundation. 

ø(b) SEAL.—The Foundation shall have an official seal selected 

by the Board which shall be judicially noticed. 

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ø(c) POWERS.—To carry out its purposes under section 2, the 

Foundation shall have, in addition to the powers otherwise given 

it under this Act, the usual powers of a corporation acting as a 

trustee in the District of Columbia, including the power— ø(1) to accept, receive, solicit, hold, administer, and use any 

gift, devise, or bequest, either absolutely or in trust, of real or 

personal property or any income therefrom or other interest 

therein; 

ø(2) to acquire by purchase or exchange any real or personal 

property or interest therein, subject to subsection (e); 

ø(3) to invest any funds provided to the Foundation by the 

Federal Government in obligations of the United States or in 

obligations or securities that are guaranteed or insured by the 

United States; 

ø(4) to deposit any funds provided to the Foundation by the 

Federal Government into accounts that are insured by an 

agency or instrumentality of the United States; 

ø(5) to make use of any interest or investment income that 

accrues as a consequence of actions taken under paragraph (3) 

or (4) to carry out the purposes of the Foundation; 

ø(6) to use Federal funds to make payments under cooperative agreements entered into with willing private landowners 

to provide substantial long-term benefits for the restoration or 

enhancement of fish, wildlife, plants, and other natural resources on private land; 

ø(7) unless otherwise required by the instrument of transfer, 

to sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom; 

ø(8) to borrow money and issue bonds, debentures, or other 

debt instruments; 

ø(9) to sue and be sued, and complain and defend itself in 

any court of competent jurisdiction, except that the Directors 

of the Foundation shall not be personally liable, except for 

gross negligence; 

ø(10) to enter into contracts or other arrangements with public agencies and private organizations and persons and to make 

such payments as may be necessary to carry out its functions; 

and 

ø(11) to do any and all acts necessary and proper to carry 

out the purposes of the Foundation. 

For purposes of this Act, an interest in real property shall be treated as including, among other things, easements or other rights for 

preservation, conservation, protection, or enhancement by and for 

the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. A gift, devise, or bequest may 

be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any 

current or future interest therein is for the benefit of the Foundation. 

ø(d) CERTAIN LANDS, WATERS, AND INTERESTS NOT SUBJECT TO

CONDEMNATION.—No lands or waters, or interests therein, that are 

owned by the Foundation and are determined by the Director of the 

United States Fish and Wildlife Service or the Migratory Bird Conservation Commission, as the case may be, to be valuable for purposes of fish and wildlife conservation or management shall be subVerDate Aug 04 2004 00:54 Jun 11, 2005 Jkt 039006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR112.XXX HR112
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ject to condemnation by any State or political subdivision, or any 

agent or instrumentality thereof. 

ø(e) ACQUISITION, MANAGEMENT AND DISPOSAL OF REAL PROPERTY.—(1) The Foundation may only use Federal funds for the acquisition of interests in real property if—

ø(A) the interest is a long-term property interest; and 

ø(B) the Foundation notifies the Federal agency that administers the program under which the funds were provided of the 

proposed acquisition, and the agency does not object in writing 

to the proposed acquisition within 60 calendar days after the 

date of the notification. 

ø(2) The Foundation shall convey to the United States Fish and 

Wildlife Service for inclusion within the National Wildlife Refuge 

System any real property acquired by the Foundation in whole or 

in part with Federal funds if the Director, within 1 year after the 

date on which the property was acquired by the Foundation, requests the conveyance in writing. 

ø(3)(A) Subject to subparagraph (B), the Foundation may—

ø(i) convey to another person any real property acquired in 

whole or in part with Federal funds and not conveyed under 

paragraph (2); and 

ø(ii) grant or otherwise provide Federal funds to another person for purposes of assisting that person to acquire real property in whole or in part with such funds. 

ø(B) The Foundation may only make a conveyance or provide 

Federal funds under subparagraph (A) if—

ø(i) the conveyance or provision is subject to terms and conditions that will ensure that the real property will be administered for the long-term conservation and management of fish 

and wildlife and in a manner that will provide for appropriate 

public access and use; and 

ø(ii) the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided of the proposed conveyance or provision of Federal funds, 

and the agency does not object in writing to the proposed conveyance or provision of Federal funds within 60 calendar days 

after the date of the notification. 

ø(4) All real property acquired by the Foundation in whole or in 

part with Federal funds and held by it shall be administered for 

the conservation and management of fish and wildlife and in a 

manner that will provide for appropriate public access and use. 

ø(5) RECONVEYANCE OF REAL PROPERTY.—The Foundation shall 

convey at not less than fair market value any real property acquired by the Foundation in whole or in part with Federal funds 

if the Foundation notifies the Federal agency that administers the 

Federal program under which the funds were provided, and the 

agency does not disagree within 60 calendar days after the date of 

the notification, that—

ø(A) the property is no longer valuable for the purpose of 

conservation or management of fish, wildlife, plants, and other 

natural resources; and 

ø(B) the purposes of the Foundation would be better served 

by use of the proceeds of the conveyance for other authorized 

activities of the Foundation. 

12 

ø(f)(1) In carrying out the purposes under section 2(b), the Foundation may establish a national whale conservation endowment 

fund, to be used by the Foundation to support research, management activities, or educational programs that contribute to the protection, conservation, or recovery of whale populations in waters of 

the United States. 

ø(2)(A) In a manner consistent with subsection (c)(1), the Foundation may—

ø(i) accept, receive, solicit, hold, administer, and use any gift, 

devise, or bequest made to the Foundation for the express purpose of supporting whale conservation; and 

ø(ii) deposit in the endowment fund under paragraph (1) any 

funds made available to the Foundation under this subparagraph, including any income or interest earned from a gift, devise, or bequest received by the Foundation under this subparagraph. 

ø(B) To raise funds to be deposited in the endowment fund under 

paragraph (1), the Foundation may enter into appropriate arrangements to provide for the design, copyright, production, marketing, 

or licensing, of logos, seals, decals, stamps, or any other item that 

the Foundation determines to be appropriate. 

ø(C)(i) The Secretary of Commerce may transfer to the Foundation for deposit in the endowment fund under paragraph (1) any 

amount (or portion thereof) received by the Secretary under section 

105(a)(1) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 

1375(a)(1)) as a civil penalty assessed by the Secretary under that 

section. 

ø(ii) The Directors of the Board shall ensure that any amounts 

transferred to the Foundation under clause (i) for the endowment 

fund under paragraph (1) are deposited in that fund in accordance 

with this subparagraph. 

ø(3) It is the intent of Congress that in making expenditures 

from the endowment fund under paragraph (1) to carry out activities specified in that paragraph, the Foundation should give priority to funding projects that address the conservation of populations of whales that the Foundation determines—

ø(A) are the most endangered (including the northern right 

whale (Eubaleana glacialis)); or 

ø(B) most warrant, and are most likely to benefit from, research management, or educational activities that may be 

funded with amounts made available from the fund. 

ø(g) In carrying out any action on the part of the Foundation 

under subsection (f), the Directors of the Board shall consult with 

the Administrator of the National Oceanic and Atmospheric Administration and the Marine Mammal Commission. 

ø(h) EXPENDITURES FOR PRINTING SERVICES OR CAPITAL EQUIPMENT.—The Foundation shall not make any expenditure of Federal 

funds in connection with any one transaction for printing services 

or capital equipment that is greater than $10,000 unless the expenditure is approved by the Federal agency that administers the 

Federal program under which the funds were provided. 

ø(i) NOTICE TO MEMBERS OF CONGRESS.—The Foundation shall 

not make a grant of funds unless, by not later than 30 days before 

the grant is made, the Foundation provides notice of the grant to 

13 

the Member of Congress for the congressional district in which the 

project to be funded with the grant will be carried out. 

øSEC. 5. ADMINISTRATIVE SERVICES AND SUPPORT. 

ø(a) PROVISION OF SERVICES.—The Secretary may provide personnel, facilities, and other administrative services to the Foundation, including reimbursement of expenses under section 3, not to 

exceed the current Federal Government per diem rates, for a period 

of up to five years from the date of enactment of this Act. 

ø(b) REIMBURSEMENT.—The Foundation may reimburse the Secretary for any administrative service provided under subsection (a). 

The Secretary shall deposit any reimbursement received under this 

subsection into the Treasury to the credit of the appropriations 

then current and chargeable for the cost of providing such services. 

øSEC. 6. VOLUNTEER STATUS. 

øThe Secretary of the Interior or the Secretary of Commerce may 

accept, without regard to the civil service classification laws, rules, 

or regulations, the services of the Foundation, the Board, and the 

officers and employees of the Board, without compensation from 

the Department of the Interior or the Department of Commerce, as 

volunteers in the performance of the functions authorized herein, 

in the manner provided for under section 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)). 

øSEC. 7. AUDITS, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL FOR EQUITABLE RELIEF. 

ø(a) AUDITS.—For purposes of the Act entitled ‘‘An Act for audit 

accounts of private corporations established under Federal law’’ approved August 30, 1964 (Public Law 88–504, 36 U.S.C. 1101–1103), 

the Foundation shall be treated as a private corporation established under Federal law. 

ø(b) REPORT.—The Foundation shall, as soon as practicable after 

the end of each fiscal year, transmit to the Committee on Resources 

of the House of Representatives and the Committee on Environment and Public Works of the Senate a report of its proceedings 

and activities during such year, including a full and complete statement of its receipts, expenditures, and investments; and a description of all acquisition and disposal of real property that is subject 

to section 4(e). The report shall include a detailed statement of the 

recipient, amount, and purpose of each grant made by the Foundation in the fiscal year. 

ø(c) RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR

FAILURE TO ACT.—If the Foundation—

ø(1) engages in, or threatens to engage in, any act, practice, 

or policy that is inconsistent with its purposes set forth in section 2(b); or 

ø(2) refuses, fails, or neglects to discharge its obligations 

under this Act, or threatens to do’

the Attorney General of the United States may petition in the 

United States District Court for the District of Columbia for such 

equitable relief as may be necessary or appropriate. 

øSEC. 8. UNITED STATES RELEASE FROM LIABILITY. 

øThe United States shall not be liable for any debts, defaults, 

acts, or omissions of the Foundation nor shall the full faith and 

credit of the United States extend to any obligation of the Foundation. 

14 

øSEC. 9. AMENDMENT AND REPEAL. 

øThe Congress expressly reserves the right to repeal or amend 

this Act at any time. 

øSEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) AUTHORIZATION OF APPROPRIATIONS.—

ø(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this Act for each of fiscal years 2001 through 

2005—

ø(A) $25,000,000 to the Department of the Interior; and 

ø(B) $5,000,000 to the Department of Commerce. 

ø(2) REQUIREMENT OF ADVANCE PAYMENT.—The amount 

made available for a fiscal year under paragraph (1) shall be 

provided to the Foundation in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, 

of the fiscal year. 

ø(3) USE OF APPROPRIATED FUNDS.—Subject to paragraph (4), 

amounts made available under paragraph (1) shall be provided 

to the Foundation for use for matching, on a 1-to-1 basis, contributions (whether in currency, services, or property) made to 

the Foundation by private persons and State and local government agencies. 

ø(4) PROHIBITION ON USE FOR ADMINISTRATIVE EXPENSES.—

No Federal funds made available under paragraph (1) shall be 

used by the Foundation for administrative expenses of the 

Foundation, including for salaries, travel and transportation 

expenses, and other overhead expenses. 

ø(b) ADDITIONAL AUTHORIZATION.—

ø(1) IN GENERAL.—In addition to the amounts authorized to 

be appropriated under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the conservation 

and management of fish, wildlife, plants, and other natural resources in accordance with the requirements of this Act. 

ø(2) USE OF FUNDS ACCEPTED FROM FEDERAL AGENCIES.—

Federal funds provided to the Foundation under paragraph (1) 

shall be used by the Foundation for matching, in whole or in 

part, contributions (whether in currency, services, or property) 

made to the Foundation by private persons and State and local 

government agencies. 

ø(c) PROHIBITION ON USE OF GRANT AMOUNTS FOR LITIGATION

AND LOBBYING EXPENSES.—Amounts provided as a grant by the 

Foundation shall not be used for—

ø(1) any expense related to litigation; or 

ø(2) any activity the purpose of which is to influence legislation pending before Congress. 

øSEC. 11. LIMITATION ON AUTHORITY. 

øNothing in this Act authorizes the Foundation to perform any 

function the authority for which is provided to the National Park 

Foundation by Public Law 90–209 (16 U.S.C. 19e et seq.).¿ 

Æ