PUBLIC LAW 106–408—NOV. 1, 2000

FISH AND WILDLIFE PROGRAMS

IMPROVEMENT AND NATIONAL WILDLIFE

REFUGE SYSTEM CENTENNIAL ACT OF 2000

114 STAT. 1762 PUBLIC LAW 106–408—NOV. 1, 2000

Public Law 106–408

106th Congress

An Act

To amend the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson

Sport Fish Restoration Act to enhance the funds available for grants to States

for fish and wildlife conservation projects, to reauthorize and amend the National

Fish and Wildlife Foundation Establishment Act, to commemorate the centennial

of the establishment of the first national wildlife refuge in the United States

on March 14, 1903, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Fish and

Wildlife Programs Improvement and National Wildlife Refuge

System Centennial Act of 2000’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—WILDLIFE AND SPORT FISH RESTORATION PROGRAMS

Sec. 101. Short titles.

Subtitle A—Wildlife Restoration

Sec. 111. Expenses for administration.

Sec. 112. Firearm and bow hunter education and safety program grants.

Sec. 113. Multistate conservation grant program.

Sec. 114. Miscellaneous provision.

Subtitle B—Sport Fish Restoration

Sec. 121. Expenses for administration.

Sec. 122. Multistate conservation grant program.

Sec. 123. Funding of the Coastal Wetlands Planning, Protection and Restoration

Act.

Sec. 124. Period of availability.

Sec. 125. Miscellaneous provision.

Sec. 126. Conforming amendment.

Subtitle C—Wildlife and Sport Fish Restoration Programs

Sec. 131. Designation of programs.

Sec. 132. Assistant Director for Wildlife and Sport Fish Restoration Programs.

Sec. 133. Reports and certifications.

TITLE II—NATIONAL FISH AND WILDLIFE FOUNDATION

Sec. 201. Short title.

Sec. 202. Purposes.

Sec. 203. Board of Directors of the Foundation.

Sec. 204. Rights and obligations of the Foundation.

Sec. 205. Annual reporting of grant details.

Sec. 206. Notice to Members of Congress.

Sec. 207. Authorization of appropriations.

Sec. 208. Limitation on authority.

TITLE III—NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL

Sec. 301. Short title.

16 USC 669 note.

Fish and Wildlife

Programs

Improvement

and National

Wildlife Refuge

System

Centennial Act of

2000.

Nov. 1, 2000

[H.R. 3671]

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1763

Sec. 302. Findings and purposes.

Sec. 303. National Wildlife Refuge System Centennial Commission.

Sec. 304. Long-term planning and annual reporting requirements regarding the

operation and maintenance backlog. Sec. 305. Year of the National Wildlife Refuge.

Sec. 306. Authorization of appropriations.

Sec. 307. Effective date.

TITLE I—WILDLIFE AND SPORT FISH

RESTORATION PROGRAMS

SEC. 101. SHORT TITLES.

(a) THIS TITLE.—This title may be cited as the ‘‘Wildlife and

Sport Fish Restoration Programs Improvement Act of 2000’’.

(b) PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.—The Act

of September 2, 1937 (16 U.S.C. 669 et seq.), is amended by adding

at the end the following:

‘‘SEC. 13. SHORT TITLE.

‘‘This Act may be cited as the ‘Pittman-Robertson Wildlife Restoration Act’.’’.

(c) DINGELL-JOHNSON SPORT FISH RESTORATION ACT.—The Act

of August 9, 1950 (16 U.S.C. 777 et seq.), is amended by adding

at the end the following:

‘‘SEC. 15. SHORT TITLE.

‘‘This Act may be cited as the ‘Dingell-Johnson Sport Fish

Restoration Act’.’’.

Subtitle A—Wildlife Restoration

SEC. 111. EXPENSES FOR ADMINISTRATION.

(a) SET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.—Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is

amended—

(1) by redesignating subsection (b) as subsection (c);

(2) by striking ‘‘SEC. 4.’’ and all that follows through the

end of the first sentence of subsection (a) and inserting the

following:

‘‘SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.

‘‘(a) SET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE

PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.—

‘‘(1) IN GENERAL.—

‘‘(A) SET-ASIDE.—For fiscal year 2001 and each fiscal

year thereafter, of the revenues (excluding interest accruing

under section 3(b)) covered into the fund for the fiscal

year, the Secretary of the Interior may use not more than

the available amount specified in subparagraph (B) for

the fiscal year for expenses for administration incurred

in implementation of this Act, in accordance with this

subsection and section 9.

‘‘(B) AVAILABLE AMOUNTS.—The available amount

referred to in subparagraph (A) is—

‘‘(i) for each of fiscal years 2001 and 2002,

$9,000,000;

16 USC 777 note.

16 USC 669 note.

16 USC 669 note.

Wildlife and

Sport Fish

Restoration

Programs

Improvement Act

of 2000.

114 STAT. 1764 PUBLIC LAW 106–408—NOV. 1, 2000

‘‘(ii) for fiscal year 2003, $8,212,000; and

‘‘(iii) for fiscal year 2004 and each fiscal year thereafter, the sum of—

‘‘(I) the available amount for the preceding

fiscal year; and

‘‘(II) the amount determined by multiplying—

‘‘(aa) the available amount for the preceding fiscal year; and

‘‘(bb) the change, relative to the preceding

fiscal year, in the Consumer Price Index for

All Urban Consumers published by the

Department of Labor.

‘‘(2) PERIOD OF AVAILABILITY; APPORTIONMENT OF UNOBLIGATED AMOUNTS.—

‘‘(A) PERIOD OF AVAILABILITY.—For each fiscal year,

the available amount under paragraph (1) shall remain

available for obligation for use under that paragraph until

the end of the fiscal year.

‘‘(B) APPORTIONMENT OF UNOBLIGATED AMOUNTS.—Not

later than 60 days after the end of a fiscal year, the

Secretary of the Interior shall apportion among the States

any of the available amount under paragraph (1) that

remains unobligated at the end of the fiscal year, on the

same basis and in the same manner as other amounts

made available under this Act are apportioned among the

States for the fiscal year.

‘‘(b) APPORTIONMENT TO STATES.—’’;

(3) in subsection (b) (as designated by paragraph (2)), by

striking ‘‘after making the aforesaid deduction, shall apportion,

except as provided in subsection (b) of this section,’’ and

inserting ‘‘after deducting the available amount under subsection (a), the amount apportioned under subsection (c), any

amount apportioned under section 8A, and amounts provided

as grants under sections 10 and 11, shall apportion’’; and

(4) in the first sentence of subsection (c) (as redesignated

by paragraph (1)), by inserting ‘‘Puerto Rico,’’ after ‘‘American

Samoa,’’.

(b) REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF

AMOUNTS FOR EXPENSES FOR ADMINISTRATION.—Section 9 of the

Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h) is

amended to read as follows:

‘‘SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF

AMOUNTS FOR EXPENSES FOR ADMINISTRATION.

‘‘(a) AUTHORIZED EXPENSES FOR ADMINISTRATION.—Except as

provided in subsection (b), the Secretary of the Interior may use

available amounts under section 4(a)(1) only for expenses for

administration that directly support the implementation of this

Act that consist of—

‘‘(1) personnel costs of employees who directly administer

this Act on a full-time basis;

‘‘(2) personnel costs of employees who directly administer

this Act on a part-time basis for at least 20 hours each week,

not to exceed the portion of those costs incurred with respect

to the work hours of the employee during which the employee

directly administers this Act, as those hours are certified by

the supervisor of the employee;

Deadline.

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1765

‘‘(3) support costs directly associated with personnel costs

authorized under paragraphs (1) and (2), excluding costs associated with staffing and operation of regional offices of the United

States Fish and Wildlife Service and the Department of the

Interior other than for the purposes of this Act;

‘‘(4) costs of determining under section 6(a) whether State

comprehensive plans and projects are substantial in character

and design;

‘‘(5) overhead costs, including the costs of general administrative services, that are directly attributable to administration

of this Act and are based on—

‘‘(A) actual costs, as determined by a direct cost allocation methodology approved by the Director of the Office

of Management and Budget for use by Federal agencies;

and

‘‘(B) in the case of costs that are not determinable

under subparagraph (A), an amount per full-time equivalent employee authorized under paragraphs (1) and (2)

that does not exceed the amount charged or assessed for

costs per full-time equivalent employee for any other division or program of the United States Fish and Wildlife

Service;

‘‘(6) costs incurred in auditing, every 5 years, the wildlife

and sport fish activities of each State fish and game department

and the use of funds under section 6 by each State fish and

game department;

‘‘(7) costs of audits under subsection (d);

‘‘(8) costs of necessary training of Federal and State fulltime personnel who administer this Act to improve administration of this Act;

‘‘(9) costs of travel to States, territories, and Canada by

personnel who—

‘‘(A) administer this Act on a full-time basis for purposes directly related to administration of State programs

or projects; or

‘‘(B) administer grants under section 6, 10, or 11;

‘‘(10) costs of travel outside the United States (except travel

to Canada), by personnel who administer this Act on a fulltime basis, for purposes that directly relate to administration

of this Act and that are approved directly by the Assistant

Secretary for Fish and Wildlife and Parks;

‘‘(11) relocation expenses for personnel who, after relocation, will administer this Act on a full-time basis for at least

1 year, as certified by the Director of the United States Fish

and Wildlife Service at the time at which the relocation

expenses are incurred; and

‘‘(12) costs to audit, evaluate, approve, disapprove, and

advise concerning grants under sections 6, 10, and 11.

‘‘(b) REPORTING OF OTHER USES.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), if the Secretary

of the Interior determines that available amounts under section

4(a)(1) should be used for an expense for administration other

than an expense for administration described in subsection

(a), the Secretary—

‘‘(A) shall submit to the Committee on Environment

and Public Works of the Senate and the Committee on

Resources of the House of Representatives a report

114 STAT. 1766 PUBLIC LAW 106–408—NOV. 1, 2000

describing the expense for administration and stating the

amount of the expense; and

‘‘(B) may use any such available amounts for the

expense for administration only after the end of the 30-

day period beginning on the date of submission of the

report under subparagraph (A).

‘‘(2) MAXIMUM AMOUNT.—For any fiscal year, the Secretary

of the Interior may use under paragraph (1) not more than

$25,000.

‘‘(c) RESTRICTION ON USE TO SUPPLEMENT GENERAL APPROPRIATIONS.—The Secretary of the Interior shall not use available

amounts under subsection (b) to supplement the funding of any

function for which general appropriations are made for the United

States Fish and Wildlife Service or any other entity of the Department of the Interior.

‘‘(d) AUDIT REQUIREMENT.—

‘‘(1) IN GENERAL.—The Inspector General of the Department

of the Interior shall procure the performance of biennial audits,

in accordance with generally accepted accounting principles,

of expenditures and obligations of amounts used by the Secretary of the Interior for expenses for administration incurred

in implementation of this Act.

‘‘(2) AUDITOR.—

‘‘(A) IN GENERAL.—An audit under this subsection shall

be performed under a contract that is awarded under

competitive procedures (as defined in section 4 of the Office

of Federal Procurement Policy Act (41 U.S.C. 403)) by

a person or entity that is not associated in any way with

the Department of the Interior (except by way of a contract

for the performance of an audit or other review).

‘‘(B) SUPERVISION OF AUDITOR.—The auditor selected

under subparagraph (A) shall report to, and be supervised

by, the Inspector General of the Department of the Interior,

except that the auditor shall submit a copy of the biennial

audit findings to the Secretary of the Interior at the time

at which the findings are submitted to the Inspector General of the Department of the Interior.

‘‘(3) REPORT TO CONGRESS.—The Inspector General of the

Department of the Interior shall promptly submit to the Committee on Resources of the House of Representatives and the

Committee on Environment and Public Works of the Senate—

‘‘(A) a report on the results of each audit under this

subsection; and

‘‘(B) a copy of each audit under this subsection.’’.

(c) CONFORMING AMENDMENT.—Section 8(b) of the PittmanRobertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended

in the first sentence by striking ‘‘section 4(b) of this Act’’ and

inserting ‘‘section 4(c)’’.

SEC. 112. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.

The Pittman-Robertson Wildlife Restoration Act is amended—

(1) by redesignating section 10 (16 U.S.C. 669i) as section

12; and

(2) by inserting after section 9 (16 U.S.C. 669h) the following:

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1767

‘‘SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.

‘‘(a) IN GENERAL.—

‘‘(1) GRANTS.—Of the revenues covered into the fund,

$7,500,000 for each of fiscal years 2001 and 2002, and

$8,000,000 for fiscal year 2003 and each fiscal year thereafter,

shall be apportioned among the States in the manner specified

in section 4(c) by the Secretary of the Interior and used to

make grants to the States to be used for—

‘‘(A) in the case of a State that has not used all of

the funds apportioned to the State under section 4(c) for

the fiscal year in the manner described in section 8(b)—

‘‘(i) the enhancement of hunter education programs, hunter and sporting firearm safety programs,

and hunter development programs;

‘‘(ii) the enhancement of interstate coordination

and development of hunter education and shooting

range programs;

‘‘(iii) the enhancement of bow hunter and archery

education, safety, and development programs; and

‘‘(iv) the enhancement of construction or development of firearm shooting ranges and archery ranges,

and the updating of safety features of firearm shooting

ranges and archery ranges; and

‘‘(B) in the case of a State that has used all of the

funds apportioned to the State under section 4(c) for the

fiscal year in the manner described in section 8(b), any

use authorized by this Act (including hunter safety programs and the construction, operation, and maintenance

of public target ranges).

‘‘(2) LIMITATION ON USE.—Under paragraph (1), a State

shall not be required to use more than the amount described

in section 8(b) for hunter safety programs and the construction,

operation, and maintenance of public target ranges.

‘‘(b) COST SHARING.—The Federal share of the cost of any

activity carried out with a grant under this section shall not exceed

75 percent of the total cost of the activity.

‘‘(c) PERIOD OF AVAILABILITY; REAPPORTIONMENT.—

‘‘(1) PERIOD OF AVAILABILITY.—Amounts made available and

apportioned for grants under this section shall remain available

only for the fiscal year for which the amounts are apportioned.

‘‘(2) REAPPORTIONMENT.—At the end of the period of availability under paragraph (1), the Secretary of the Interior shall

apportion amounts made available that have not been used

to make grants under this section among the States described

in subsection (a)(1)(B) for use by those States in accordance

with this Act.’’.

SEC. 113. MULTISTATE CONSERVATION GRANT PROGRAM.

The Pittman-Robertson Wildlife Restoration Act (as amended

by section 112) is amended by inserting after section 10 the following:

‘‘SEC. 11. MULTISTATE CONSERVATION GRANT PROGRAM.

‘‘(a) IN GENERAL.—

‘‘(1) AMOUNT FOR GRANTS.—Not more than $3,000,000 of

the revenues covered into the fund for a fiscal year shall be

16 USC 669h–2.

16 USC 669h–1.

114 STAT. 1768 PUBLIC LAW 106–408—NOV. 1, 2000

available to the Secretary of the Interior for making multistate

conservation project grants in accordance with this section.

‘‘(2) PERIOD OF AVAILABILITY; APPORTIONMENT.— ‘‘(A) PERIOD OF AVAILABILITY.—Amounts made available under paragraph (1) shall remain available for making

grants only for the first fiscal year for which the amount

is made available and the following fiscal year.

‘‘(B) APPORTIONMENT.—At the end of the period of

availability under subparagraph (A), the Secretary of the

Interior shall apportion any amounts that remain available

among the States in the manner specified in section 4(b)

for use by the States in the same manner as funds apportioned under section 4(b).

‘‘(b) SELECTION OF PROJECTS.—

‘‘(1) STATES OR ENTITIES TO BE BENEFITED.—A project shall

not be eligible for a grant under this section unless the project

will benefit—

‘‘(A) at least 26 States;

‘‘(B) a majority of the States in a region of the United

States Fish and Wildlife Service; or

‘‘(C) a regional association of State fish and game

departments.

‘‘(2) USE OF SUBMITTED PRIORITY LIST OF PROJECTS.—The

Secretary of the Interior may make grants under this section

only for projects identified on a priority list of wildlife restoration projects described in paragraph (3).

‘‘(3) PRIORITY LIST OF PROJECTS.—A priority list referred

to in paragraph (2) is a priority list of wildlife restoration

projects that the International Association of Fish and Wildlife

Agencies—

‘‘(A) prepares through a committee comprised of the

heads of State fish and game departments (or their designees), in consultation with—

‘‘(i) nongovernmental organizations that represent

conservation organizations;

‘‘(ii) sportsmen organizations; and

‘‘(iii) industries that support or promote hunting,

trapping, recreational shooting, bow hunting, or

archery;

‘‘(B) approves by vote of a majority of the heads of

State fish and game departments (or their designees); and

‘‘(C) not later than October 1 of each fiscal year, submits to the Assistant Director for Wildlife and Sport Fish

Restoration Programs.

‘‘(4) PUBLICATION.—The Assistant Director for Wildlife and

Sport Fish Restoration Programs shall publish in the Federal

Register each priority list submitted under paragraph (3)(C).

‘‘(c) ELIGIBLE GRANTEES.—

‘‘(1) IN GENERAL.—The Secretary of the Interior may make

a grant under this section only to—

‘‘(A) a State or group of States;

‘‘(B) the United States Fish and Wildlife Service, or

a State or group of States, for the purpose of carrying

out the National Survey of Fishing, Hunting, and WildlifeAssociated Recreation; and

‘‘(C) subject to paragraph (2), a nongovernmental

organization.

Federal Register,

publication.

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1769

‘‘(2) NONGOVERNMENTAL ORGANIZATIONS.— ‘‘(A) IN GENERAL.—Any nongovernmental organization

that applies for a grant under this section shall submit

with the application to the International Association of

Fish and Wildlife Agencies a certification that the

organization—

‘‘(i) will not use the grant funds to fund, in whole

or in part, any activity of the organization that promotes or encourages opposition to the regulated

hunting or trapping of wildlife; and

‘‘(ii) will use the grant funds in compliance with

subsection (d).

‘‘(B) PENALTIES FOR CERTAIN ACTIVITIES.—Any nongovernmental organization that is found to use grant funds

in violation of subparagraph (A) shall return all funds

received under this section and be subject to any other

applicable penalties under law.

‘‘(d) USE OF GRANTS.—A grant under this section shall not

be used, in whole or in part, for an activity, project, or program

that promotes or encourages opposition to the regulated hunting

or trapping of wildlife.

‘‘(e) NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE

ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to any activity carried out under this section.’’.

SEC. 114. MISCELLANEOUS PROVISION.

Section 5 of the Pittman-Robertson Wildlife Restoration Act

(16 U.S.C. 669d) is amended in the first sentence—

(1) by inserting ‘‘, at the time at which a deduction or

apportionment is made,’’ after ‘‘certify’’; and

(2) by striking ‘‘and executing’’.

Subtitle B—Sport Fish Restoration

SEC. 121. EXPENSES FOR ADMINISTRATION.

(a) SET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE

DINGELL-JOHNSON SPORT FISH RESTORATION ACT.—Section 4 of the

Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is

amended by striking subsection (d) and inserting the following:

‘‘(d) SET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE

DINGELL-JOHNSON SPORT FISH RESTORATION ACT.—

‘‘(1) IN GENERAL.—

‘‘(A) SET-ASIDE.—For fiscal year 2001 and each fiscal

year thereafter, of the balance of each such annual appropriation remaining after the distribution and use under

subsections (a), (b), and (c) and section 14, the Secretary

of the Interior may use not more than the available amount

specified in subparagraph (B) for the fiscal year for

expenses for administration incurred in implementation

of this Act, in accordance with this subsection and section

9.

‘‘(B) AVAILABLE AMOUNTS.—The available amount

referred to in subparagraph (A) is—

‘‘(i) for each of fiscal years 2001 and 2002,

$9,000,000;

‘‘(ii) for fiscal year 2003, $8,212,000; and

114 STAT. 1770 PUBLIC LAW 106–408—NOV. 1, 2000

‘‘(iii) for fiscal year 2004 and each fiscal year thereafter, the sum of—

‘‘(I) the available amount for the preceding

fiscal year; and

‘‘(II) the amount determined by multiplying—

‘‘(aa) the available amount for the preceding fiscal year; and

‘‘(bb) the change, relative to the preceding

fiscal year, in the Consumer Price Index for

All Urban Consumers published by the

Department of Labor.

‘‘(2) PERIOD OF AVAILABILITY; APPORTIONMENT OF UNOBLIGATED AMOUNTS.—

‘‘(A) PERIOD OF AVAILABILITY.—For each fiscal year,

the available amount under paragraph (1) shall remain

available for obligation for use under that paragraph until

the end of the fiscal year.

‘‘(B) APPORTIONMENT OF UNOBLIGATED AMOUNTS.—Not

later than 60 days after the end of a fiscal year, the

Secretary of the Interior shall apportion among the States

any of the available amount under paragraph (1) that

remains unobligated at the end of the fiscal year, on the

same basis and in the same manner as other amounts

made available under this Act are apportioned among the

States under subsection (e) for the fiscal year.’’.

(b) REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF

AMOUNTS FOR EXPENSES FOR ADMINISTRATION.—Section 9 of the

Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777h) is

amended to read as follows:

‘‘SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF

AMOUNTS FOR EXPENSES FOR ADMINISTRATION.

‘‘(a) AUTHORIZED EXPENSES FOR ADMINISTRATION.—Except as

provided in subsection (b), the Secretary of the Interior may use

available amounts under section 4(d)(1) only for expenses for

administration that directly support the implementation of this

Act that consist of—

‘‘(1) personnel costs of employees who directly administer

this Act on a full-time basis;

‘‘(2) personnel costs of employees who directly administer

this Act on a part-time basis for at least 20 hours each week,

not to exceed the portion of those costs incurred with respect

to the work hours of the employee during which the employee

directly administers this Act, as those hours are certified by

the supervisor of the employee;

‘‘(3) support costs directly associated with personnel costs

authorized under paragraphs (1) and (2), excluding costs associated with staffing and operation of regional offices of the United

States Fish and Wildlife Service and the Department of the

Interior other than for the purposes of this Act;

‘‘(4) costs of determining under section 6(a) whether State

comprehensive plans and projects are substantial in character

and design;

‘‘(5) overhead costs, including the costs of general administrative services, that are directly attributable to administration

of this Act and are based on—

Deadline.

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1771

‘‘(A) actual costs, as determined by a direct cost allocation methodology approved by the Director of the Office

of Management and Budget for use by Federal agencies;

and

‘‘(B) in the case of costs that are not determinable

under subparagraph (A), an amount per full-time equivalent employee authorized under paragraphs (1) and (2)

that does not exceed the amount charged or assessed for

costs per full-time equivalent employee for any other division or program of the United States Fish and Wildlife

Service;

‘‘(6) costs incurred in auditing, every 5 years, the wildlife

and sport fish activities of each State fish and game department

and the use of funds under section 6 by each State fish and

game department;

‘‘(7) costs of audits under subsection (d);

‘‘(8) costs of necessary training of Federal and State fulltime personnel who administer this Act to improve administration of this Act;

‘‘(9) costs of travel to States, territories, and Canada by

personnel who—

‘‘(A) administer this Act on a full-time basis for purposes directly related to administration of State programs

or projects; or

‘‘(B) administer grants under section 6 or 14;

‘‘(10) costs of travel outside the United States (except travel

to Canada), by personnel who administer this Act on a fulltime basis, for purposes that directly relate to administration

of this Act and that are approved directly by the Assistant

Secretary for Fish and Wildlife and Parks;

‘‘(11) relocation expenses for personnel who, after relocation, will administer this Act on a full-time basis for at least

1 year, as certified by the Director of the United States Fish

and Wildlife Service at the time at which the relocation

expenses are incurred; and

‘‘(12) costs to audit, evaluate, approve, disapprove, and

advise concerning grants under sections 6 and 14.

‘‘(b) REPORTING OF OTHER USES.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), if the Secretary

of the Interior determines that available amounts under section

4(d)(1) should be used for an expense for administration other

than an expense for administration described in subsection

(a), the Secretary—

‘‘(A) shall submit to the Committee on Environment

and Public Works of the Senate and the Committee on

Resources of the House of Representatives a report

describing the expense for administration and stating the

amount of the expense; and

‘‘(B) may use any such available amounts for the

expense for administration only after the end of the 30-

day period beginning on the date of submission of the

report under subparagraph (A).

‘‘(2) MAXIMUM AMOUNT.—For any fiscal year, the Secretary

of the Interior may use under paragraph (1) not more than

$25,000.

‘‘(c) RESTRICTION ON USE TO SUPPLEMENT GENERAL APPROPRIATIONS.—The Secretary of the Interior shall not use available

Reports.

114 STAT. 1772 PUBLIC LAW 106–408—NOV. 1, 2000

amounts under subsection (b) to supplement the funding of any

function for which general appropriations are made for the United

States Fish and Wildlife Service or any other entity of the Department of the Interior.

‘‘(d) AUDIT REQUIREMENT.— ‘‘(1) IN GENERAL.—The Inspector General of the Department

of the Interior shall procure the performance of biennial audits,

in accordance with generally accepted accounting principles,

of expenditures and obligations of amounts used by the Secretary of the Interior for expenses for administration incurred

in implementation of this Act.

‘‘(2) AUDITOR.— ‘‘(A) IN GENERAL.—An audit under this subsection shall

be performed under a contract that is awarded under

competitive procedures (as defined in section 4 of the Office

of Federal Procurement Policy Act (41 U.S.C. 403)) by

a person or entity that is not associated in any way with

the Department of the Interior (except by way of a contract

for the performance of an audit or other review).

‘‘(B) SUPERVISION OF AUDITOR.—The auditor selected

under subparagraph (A) shall report to, and be supervised

by, the Inspector General of the Department of the Interior,

except that the auditor shall submit a copy of the biennial

audit findings to the Secretary of the Interior at the time

at which the findings are submitted to the Inspector General of the Department of the Interior.

‘‘(3) REPORT TO CONGRESS.—The Inspector General of the

Department of the Interior shall promptly submit to the Committee on Resources of the House of Representatives and the

Committee on Environment and Public Works of the Senate—

‘‘(A) a report on the results of each audit under this

subsection; and

‘‘(B) a copy of each audit under this subsection.’’.

(c) EXPENSES FOR ADMINISTRATION OF CERTAIN PROGRAMS.— Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16

U.S.C. 777c) is amended by adding at the end the following:

‘‘(g) EXPENSES FOR ADMINISTRATION OF CERTAIN PROGRAMS.— ‘‘(1) IN GENERAL.—For each fiscal year, of the amounts

appropriated under section 3, the Secretary of the Interior

shall use only funds authorized for use under subsections (a),

(b)(3)(A), (b)(3)(B), and (c) to pay the expenses for administration incurred in carrying out the provisions of law referred

to in those subsections, respectively.

‘‘(2) MAXIMUM AMOUNT.—For each fiscal year, the Secretary of the Interior may use not more than $900,000 in accordance

with paragraph (1).’’.

SEC. 122. MULTISTATE CONSERVATION GRANT PROGRAM.

(a) ESTABLISHMENT OF PROGRAM.—The Dingell-Johnson Sport

Fish Restoration Act is amended—

(1) by striking the section 13 relating to effective date

(16 U.S.C. 777 note) and inserting the following:

‘‘SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.

‘‘(a) IN GENERAL.—

‘‘(1) AMOUNT FOR GRANTS.—Of the balance of each annual

appropriation made under section 3 remaining after the distribution and use under subsections (a), (b), and (c) of section

16 USC 777m.

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1773

4 in a fiscal year, not more than $3,000,000 shall be available

to the Secretary of the Interior for making multistate conservation project grants in accordance with this section.

‘‘(2) PERIOD OF AVAILABILITY; APPORTIONMENT.—

‘‘(A) PERIOD OF AVAILABILITY.—Amounts made available under paragraph (1) shall remain available for making

grants only for the first fiscal year for which the amount

is made available and the following fiscal year.

‘‘(B) APPORTIONMENT.—At the end of the period of

availability under subparagraph (A), the Secretary of the

Interior shall apportion any amounts that remain available

among the States in the manner specified in section 4(e)

for use by the States in the same manner as funds apportioned under section 4(e).

‘‘(b) SELECTION OF PROJECTS.—

‘‘(1) STATES OR ENTITIES TO BE BENEFITED.—A project shall

not be eligible for a grant under this section unless the project

will benefit—

‘‘(A) at least 26 States;

‘‘(B) a majority of the States in a region of the United

States Fish and Wildlife Service; or

‘‘(C) a regional association of State fish and game

departments.

‘‘(2) USE OF SUBMITTED PRIORITY LIST OF PROJECTS.—The

Secretary of the Interior may make grants under this section

only for projects identified on a priority list of sport fish restoration projects described in paragraph (3).

‘‘(3) PRIORITY LIST OF PROJECTS.—A priority list referred

to in paragraph (2) is a priority list of sport fish restoration

projects that the International Association of Fish and Wildlife

Agencies—

‘‘(A) prepares through a committee comprised of the

heads of State fish and game departments (or their designees), in consultation with—

‘‘(i) nongovernmental organizations that represent

conservation organizations;

‘‘(ii) sportsmen organizations; and

‘‘(iii) industries that fund the sport fish restoration

programs under this Act;

‘‘(B) approves by vote of a majority of the heads of

State fish and game departments (or their designees); and

‘‘(C) not later than October 1 of each fiscal year, submits to the Assistant Director for Wildlife and Sport Fish

Restoration Programs.

‘‘(4) PUBLICATION.—The Assistant Director for Wildlife and

Sport Fish Restoration Programs shall publish in the Federal

Register each priority list submitted under paragraph (3)(C).

‘‘(c) ELIGIBLE GRANTEES.—

‘‘(1) IN GENERAL.—The Secretary of the Interior may make

a grant under this section only to—

‘‘(A) a State or group of States;

‘‘(B) the United States Fish and Wildlife Service, or

a State or group of States, for the purpose of carrying

out the National Survey of Fishing, Hunting, and WildlifeAssociated Recreation; and

‘‘(C) subject to paragraph (2), a nongovernmental

organization.

Federal Register,

publication.

114 STAT. 1774 PUBLIC LAW 106–408—NOV. 1, 2000

‘‘(2) NONGOVERNMENTAL ORGANIZATIONS.—

‘‘(A) IN GENERAL.—Any nongovernmental organization

that applies for a grant under this section shall submit

with the application to the International Association of

Fish and Wildlife Agencies a certification that the

organization—

‘‘(i) will not use the grant funds to fund, in whole

or in part, any activity of the organization that promotes or encourages opposition to the regulated taking

of fish; and

‘‘(ii) will use the grant funds in compliance with

subsection (d).

‘‘(B) PENALTIES FOR CERTAIN ACTIVITIES.—Any nongovernmental organization that is found to use grant funds

in violation of subparagraph (A) shall return all funds

received under this section and be subject to any other

applicable penalties under law.

‘‘(d) USE OF GRANTS.—A grant under this section shall not

be used, in whole or in part, for an activity, project, or program

that promotes or encourages opposition to the regulated taking

of fish.

‘‘(e) FUNDING FOR OTHER ACTIVITIES.—Of the balance of each

annual appropriation made under section 3 remaining after the

distribution and use under subsections (a), (b), and (c) of section

4 for each fiscal year and after deducting amounts used for grants

under subsection (a)—

‘‘(1) $200,000 shall be made available for each of—

‘‘(A) the Atlantic States Marine Fisheries Commission;

‘‘(B) the Gulf States Marine Fisheries Commission;

‘‘(C) the Pacific States Marine Fisheries Commission;

and

‘‘(D) the Great Lakes Fisheries Commission; and

‘‘(2) $400,000 shall be made available for the Sport Fishing

and Boating Partnership Council established by the United

States Fish and Wildlife Service.

‘‘(f ) NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE

ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to any activity carried out under this section.’’; and

(2) by moving that section to appear after the section

13 relating to State use of contributions (16 U.S.C. 777l).

(b) CONFORMING AMENDMENT.—Section 4(e) of the DingellJohnson Sport Fish Restoration Act (16 U.S.C. 777c(e)) is amended

in the first sentence by inserting ‘‘and after deducting amounts

used for grants under section 14,’’ after ‘‘respectively,’’.

SEC. 123. FUNDING OF THE COASTAL WETLANDS PLANNING, PROTECTION AND RESTORATION ACT.

Section 4(a) of the Dingell-Johnson Sport Fish Restoration Act

(16 U.S.C. 777c(a)) is amended in the second sentence by striking

‘‘2000’’ and inserting ‘‘2009’’.

SEC. 124. PERIOD OF AVAILABILITY.

Section 4(f ) of the Dingell-Johnson Sport Fish Restoration Act

(16 U.S.C. 777c(f )) is amended in the first sentence by striking

‘‘, and if ’’ and all that follows through ‘‘recreation’’.

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1775

SEC. 125. MISCELLANEOUS PROVISION.

Section 5 of the Dingell-Johnson Sport Fish Restoration Act

(16 U.S.C. 777d) is amended—

(1) by inserting ‘‘, at the time at which a deduction or

apportionment is made,’’ after ‘‘certify’’; and

(2) by striking ‘‘and executing’’.

SEC. 126. CONFORMING AMENDMENT.

Section 9504(b)(2)(A) of the Internal Revenue Code of 1986

is amended by striking ‘‘(as in effect on the date of the enactment

of the TEA 21 Restoration Act)’’ and inserting ‘‘(as in effect on

the date of the enactment of the Wildlife and Sport Fish Restoration

Programs Improvement Act of 2000)’’.

Subtitle C—Wildlife and Sport Fish

Restoration Programs

SEC. 131. DESIGNATION OF PROGRAMS.

The programs established under the Pittman-Robertson Wildlife

Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson

Sport Fish Restoration Act (16 U.S.C. 777 et seq.) shall be known

as the ‘‘Federal Assistance Program for State Wildlife and Sport

Fish Restoration’’.

SEC. 132. ASSISTANT DIRECTOR FOR WILDLIFE AND SPORT FISH RESTORATION PROGRAMS.

(a) ESTABLISHMENT.—There is established in the United States

Fish and Wildlife Service of the Department of the Interior the

position of Assistant Director for Wildlife and Sport Fish Restoration

Programs.

(b) SUPERIOR.—The Assistant Director for Wildlife and Sport

Fish Restoration Programs shall report directly to the Director

of the United States Fish and Wildlife Service.

(c) RESPONSIBILITIES.—The Assistant Director for Wildlife and

Sport Fish Restoration Programs shall be responsible for the

administration, management, and oversight of the Federal Assistance Program for State Wildlife and Sport Fish Restoration under

the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et

seq.) and the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.

777 et seq.).

SEC. 133. REPORTS AND CERTIFICATIONS.

(a) IMPLEMENTATION REPORT.—

(1) IN GENERAL.—At the time at which the President submits to Congress a budget request for the Department of the

Interior for fiscal year 2002, the Secretary of the Interior shall

submit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public

Works of the Senate a report on the steps that have been

taken to comply with this title and the amendments made

by this title.

(2) CONTENTS.—The report under paragraph (1) shall

describe—

(A) the extent to which compliance with this title and

the amendments made by this title has required a reduction

in the number of personnel assigned to administer, manage,

16 USC 669k.

16 USC 742b–1.

16 USC 669 note.

26 USC 9504.

114 STAT. 1776 PUBLIC LAW 106–408—NOV. 1, 2000

and oversee the Federal Assistance Program for State Wildlife and Sport Fish Restoration;

(B) any revisions to this title or the amendments made

by this title that would be desirable in order for the Secretary of the Interior to adequately administer the Program

and ensure that funds provided to State agencies are properly used; and

(C) any other information concerning the implementation of this title and the amendments made by this title

that the Secretary of the Interior considers appropriate.

(b) PROJECTED SPENDING REPORT.—At the time at which the

President submits a budget request for the Department of the

Interior for fiscal year 2002 and each fiscal year thereafter, the

Secretary of the Interior shall report in writing to the Committee

on Resources of the House of Representatives and the Committee

on Environment and Public Works of the Senate the amounts,

broken down by category, that are intended to be used for the

fiscal year under section 4(a)(1) of the Pittman-Robertson Wildlife

Restoration Act (16 U.S.C. 669c(a)(1)) and section 4(d)(1) of the

Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(d)(1)).

(c) SPENDING CERTIFICATION AND REPORT.—Not later than 60

days after the end of each fiscal year, the Secretary of the Interior

shall certify and report in writing to the Committee on Resources

of the House of Representatives and the Committee on Environment

and Public Works of the Senate—

(1) the amounts, broken down by category, that were used

for the fiscal year under section 4(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)(1)) and section

4(d)(1) of the Dingell-Johnson Sport Fish Restoration Act (16

U.S.C. 777c(d)(1));

(2) the amounts apportioned to States for the fiscal year

under section 4(a)(2) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)(2)) and section 4(d)(2)(A) of the

Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.

777c(d)(2)(A));

(3) the results of the audits performed under section 9(d)

of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.

669h(d) and section 9(d) of the Dingell-Johnson Sport Fish

Restoration Act (16 U.S.C. 777h(d));

(4) that all amounts used for the fiscal year under section

4(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16

U.S.C. 669c(a)(1)) and section 4(d)(1) of the Dingell-Johnson

Sport Fish Restoration Act (16 U.S.C. 777c(d)(1)) were necessary for expenses for administration incurred in implementation of those Acts;

(5) that all amounts used for the fiscal year to administer

those Acts by agency headquarters and by regional offices of

the United States Fish and Wildlife Service were used in accordance with those Acts; and

(6) that the Secretary of the Interior, the Assistant Secretary for Fish and Wildlife and Parks, the Director of the

United States Fish and Wildlife Service, and the Assistant

Director for Wildlife and Sport Fish Restoration Programs each

properly discharged their duties under those Acts.

(d) CERTIFICATIONS BY STATES.—

Deadline.

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1777

(1) IN GENERAL.—Not later than 60 days after the end

of each fiscal year, each State that received amounts apportioned under the Pittman-Robertson Wildlife Restoration Act

(16 U.S.C. 669 et seq.) or the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.) for the fiscal year shall

certify to the Secretary of the Interior in writing that the

amounts were expended by the State in accordance with each

of those Acts.

(2) TRANSMISSION TO CONGRESS.—Not later than December

31 of a fiscal year, the Secretary of the Interior shall transmit

all certifications under paragraph (1) for the previous fiscal

year to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works

of the Senate.

(e) LIMITATION ON DELEGATION.—The Secretary of the Interior

shall not delegate the responsibility for making a certification under

subsection (c) to any person except the Assistant Secretary for

Fish and Wildlife and Parks.

TITLE II—NATIONAL FISH AND

WILDLIFE FOUNDATION

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘National Fish and Wildlife

Foundation Establishment Act Amendments of 2000’’.

SEC. 202. PURPOSES.

Section 2(b) of the National Fish and Wildlife Foundation

Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph (1) and inserting the following:

‘‘(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;’’.

SEC. 203. BOARD OF DIRECTORS OF THE FOUNDATION.

(a) ESTABLISHMENT AND MEMBERSHIP.—Section 3 of the

National Fish and Wildlife Foundation Establishment Act (16

U.S.C. 3702) is amended by striking subsection (a) and inserting

the following:

‘‘(a) ESTABLISHMENT AND MEMBERSHIP.—

‘‘(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.

‘‘(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.

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

of the Foundation shall not constitute employment by, or the

National Fish

and Wildlife

Foundation

Establishment

Act Amendments

of 2000.

Deadline.

Deadline.

114 STAT. 1778 PUBLIC LAW 106–408—NOV. 1, 2000

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

any Federal law.’’.

(b) APPOINTMENT AND TERMS.—Section 3 of the National Fish

and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is

amended by striking subsection (b) and inserting the following:

‘‘(b) APPOINTMENT AND TERMS.—

‘‘(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.

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

‘‘(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—

‘‘(i) at least six shall be educated or experienced

in fish, wildlife, or other natural resource conservation;

‘‘(ii) at least four shall be educated or experienced

in the principles of fish, wildlife, or other natural

resource management; and

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

in ocean and coastal resource conservation.

‘‘(B) TRANSITION PROVISION.—

‘‘(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.

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

the Secretary of the Interior shall appoint eight new

Directors.

‘‘(3) TERMS.—

‘‘(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.

‘‘(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.

‘‘(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—

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

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

‘‘(4) VACANCIES.—

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

fill a vacancy on the Board.

‘‘(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.

‘‘(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.

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1779

‘‘(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.

‘‘(7) CONSULTATION BEFORE REMOVAL.—Before removing

any Director from the Board, the Secretary of the Interior

shall consult with the Secretary of Commerce.’’.

(c) TECHNICAL AMENDMENTS.—

(1) Section 4(c)(5) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended by

striking ‘‘Directors of the Board’’ and inserting ‘‘Directors of

the Foundation’’.

(2) Section 6 of the National Fish and Wildlife Foundation

Establishment Act (16 U.S.C. 3705) is amended—

(A) by striking ‘‘Secretary’’ and inserting ‘‘Secretary

of the Interior or the Secretary of Commerce’’; and

(B) by inserting ‘‘or the Department of Commerce’’

after ‘‘Department of the Interior’’.

SEC. 204. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

(a) PRINCIPAL OFFICE OF THE FOUNDATION.—Section 4(a)(3)

of the National Fish and Wildlife Foundation Establishment Act

(16 U.S.C. 3703(a)(3)) is amended by inserting after ‘‘the District

of Columbia’’ the following: ‘‘or in a county in the State of Maryland

or Virginia that borders on the District of Columbia’’.

(b) INVESTMENT AND DEPOSIT OF FEDERAL FUNDS.—Section 4(c)

of the National Fish and Wildlife Foundation Establishment Act

(16 U.S.C. 3703(c)) is amended—

(1) by redesignating paragraphs (3) through (7) as paragraphs (7) through (11), respectively; and

(2) by inserting after paragraph (2) the following:

‘‘(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;

‘‘(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;

‘‘(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;

‘‘(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;’’.

(c) AGENCY APPROVAL OF ACQUISITIONS OF PROPERTY.—Section

4(e)(1) of the National Fish and Wildlife Foundation Establishment

Act (16 U.S.C. 3703(e)(1)) is amended by striking subparagraph

(B) and inserting the following:

‘‘(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.’’.

(d) REPEAL.—Section 304 of Public Law 102–440 (16 U.S.C.

3703 note) is repealed.

114 STAT. 1780 PUBLIC LAW 106–408—NOV. 1, 2000

(e) AGENCY APPROVAL OF CONVEYANCES AND GRANTS.—Section

4(e)(3)(B) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(3)(B)) is amended by striking clause

(ii) and inserting the following:

‘‘(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.’’.

(f ) RECONVEYANCE OF REAL PROPERTY.—Section 4(e) of the

National Fish and Wildlife Foundation Establishment Act (16

U.S.C. 3703(e)) is amended by striking paragraph (5) and inserting

the following:

‘‘(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—

‘‘(A) the property is no longer valuable for the purpose

of conservation or management of fish, wildlife, plants,

and other natural resources; and

‘‘(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.’’.

(g) EXPENDITURES FOR PRINTING SERVICES OR CAPITAL EQUIPMENT.—Section 4 of the National Fish and Wildlife Foundation

Establishment Act (16 U.S.C. 3703) is amended by adding at the

end the following:

‘‘(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.’’.

SEC. 205. ANNUAL REPORTING OF GRANT DETAILS.

Section 7(b) of the National Fish and Wildlife Foundation

Establishment Act (16 U.S.C. 3706(b)) is amended—

(1) by striking ‘‘Congress’’ and inserting ‘‘the Committee

on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate’’; and

(2) by adding at the end the following: ‘‘The report shall

include a detailed statement of the recipient, amount, and

purpose of each grant made by the Foundation in the fiscal

year.’’.

SEC. 206. NOTICE TO MEMBERS OF CONGRESS.

Section 4 of the National Fish and Wildlife Foundation

Establishment Act (16 U.S.C. 3703) (as amended by section 204(g))

is amended by adding at the end the following:

‘‘(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 the Member of Congress for the congressional district

Deadline.

Deadline.

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1781

in which the project to be funded with the grant will be carried

out.’’.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

Section 10 of the National Fish and Wildlife Foundation

Establishment Act (16 U.S.C. 3709) is amended by striking subsections (a), (b), and (c) and inserting the following:

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

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

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

2003—

‘‘(A) $20,000,000 to the Department of the Interior;

and

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

‘‘(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.

‘‘(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.

‘‘(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.

‘‘(b) ADDITIONAL AUTHORIZATION.—

‘‘(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.

‘‘(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.

‘‘(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—

‘‘(1) any expense related to litigation; or

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

SEC. 208. LIMITATION ON AUTHORITY.

The National Fish and Wildlife Foundation Establishment Act

(16 U.S.C. 3701 et seq.) is amended by adding at the end the

following:

114 STAT. 1782 PUBLIC LAW 106–408—NOV. 1, 2000

‘‘SEC. 11. LIMITATION ON AUTHORITY.

‘‘Nothing 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.).’’.

TITLE III—NATIONAL WILDLIFE

REFUGE SYSTEM CENTENNIAL

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘National Wildlife Refuge System

Centennial Act’’.

SEC. 302. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) President Theodore Roosevelt began the National Wildlife Refuge System by establishing the first refuge at Pelican

Island, Florida, on March 14, 1903;

(2) the National Wildlife Refuge System is comprised of

more than 93,000,000 acres of Federal land managed by the

United States Fish and Wildlife Service in more than 532

individual refuges and thousands of waterfowl production areas

located in all 50 States and the territories of the United States;

(3) the System is the only network of Federal land dedicated

singularly to wildlife conservation and where wildlife-dependent

recreation and environmental education are priority public uses;

(4) the System serves a vital role in the conservation of

millions of migratory birds, dozens of endangered species and

threatened species, some of the premier fisheries of the United

States, marine mammals, and the habitats on which such species of fish and wildlife depend;

(5) each year the System provides millions of Americans

with opportunities to participate in wildlife-dependent recreation, including hunting, fishing, and wildlife observation;

(6)(A) public visitation to national wildlife refuges is

growing, with more than 35,000,000 visitors annually; and

(B) it is essential that visitor centers and public use facilities be properly constructed, operated, and maintained;

(7) the National Wildlife Refuge System Volunteer and

Community Partnership Enhancement Act of 1998 (16 U.S.C.

742f note; Public Law 105–242), and the amendments made

by that Act, significantly enhance the ability of the United

States Fish and Wildlife Service to incorporate volunteers and

partnerships in refuge management;

(8) as of the date of the enactment of this Act, the System

has an unacceptable backlog of critical operation and maintenance needs; and

(9) the occasion of the centennial of the System, in 2003,

presents a historic opportunity to enhance natural resource

stewardship and expand public enjoyment of the national wildlife refuges of the United States.

(b) PURPOSES.—The purposes of this title are—

(1) to establish a commission to promote awareness by

the public of the National Wildlife Refuge System as the System

celebrates its centennial in 2003;

(2) to develop a long-term plan to meet the priority operation, maintenance, and construction needs of the System;

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National Wildlife

Refuge System

Centennial Act.

16 USC 3710.

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1783

(3) to require an annual report on the needs of the System

prepared in the context of—

(A) the budget submission of the Department of the

Interior to the President; and

(B) the President’s budget request to Congress; and

(4) to improve public use programs and facilities of the

System to meet the increasing needs of the public for wildlifedependent recreation in the 21st century.

SEC. 303. NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL COMMISSION.

(a) ESTABLISHMENT.—There is established the National Wildlife

Refuge System Centennial Commission (referred to in this title

as the ‘‘Commission’’).

(b) MEMBERS.—

(1) IN GENERAL.—The Commission shall be composed of—

(A) the Director of the United States Fish and Wildlife

Service;

(B) up to 10 individuals appointed by the Secretary

of the Interior;

(C) the chairman and ranking minority member of

the Committee on Resources of the House of Representatives and of the Committee on Environment and Public

Works of the Senate, who shall be nonvoting members;

and

(D) the congressional representatives of the Migratory

Bird Conservation Commission, who shall be nonvoting

members.

(2) APPOINTMENTS.—

(A) DEADLINE.—The members of the Commission shall

be appointed not later than 90 days after the effective

date of this title.

(B) APPOINTMENTS BY THE SECRETARY OF THE

INTERIOR.—

(i) IN GENERAL.—The members of the Commission

appointed by the Secretary of the Interior under paragraph (1)(B)—

(I) shall not be officers or employees of the

Federal Government; and

(II) shall, in the judgment of the Secretary—

(aa) represent the diverse beneficiaries of

the System; and

(bb) have outstanding knowledge or appreciation of wildlife, natural resource management, or wildlife-dependent recreation.

(ii) REPRESENTATION OF VIEWS.—In making

appointments under paragraph (1)(B), the Secretary

of the Interior shall make every effort to ensure that

the views of the hunting, fishing, and wildlife observation communities are represented on the Commission.

(3) VACANCIES.—Any vacancy in the Commission—

(A) shall not affect the power or duties of the Commission; and

(B) shall be expeditiously filled in the same manner

as the original appointment was made.

(c) CHAIRPERSON.—The Secretary of the Interior shall appoint

one of the members as the Chairperson of the Commission.

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114 STAT. 1784 PUBLIC LAW 106–408—NOV. 1, 2000

(d) COMPENSATION.—The members of the Commission shall

receive no compensation for their service on the Commission.

(e) TRAVEL EXPENSES.— (1) LEGISLATIVE BRANCH MEMBERS.—The members of the

Commission from the legislative branch of the Federal Government shall be allowed necessary travel expenses, as authorized

by other law for official travel, while away from their homes

or regular places of business in the performance of services

for the Commission.

(2) EXECUTIVE BRANCH MEMBERS.—The members of the

Commission from the executive branch of the Federal Government shall be allowed necessary travel expenses in accordance

with section 5702 of title 5, United States Code, while away

from their homes or regular places of business in the performance of services for the Commission.

(3) OTHER MEMBERS AND STAFF.—The members of the

Commission appointed by the Secretary of the Interior and

staff of the Commission may be allowed necessary travel

expenses as authorized by section 5702 of title 5, United States

Code, while away from their homes or regular places of business

in the performance of services for the Commission.

(f ) DUTIES.—The Commission shall—

(1) prepare, in cooperation with Federal, State, local, and

nongovernmental partners, a plan to commemorate the centennial of the National Wildlife Refuge System beginning on March

14, 2003;

(2) coordinate the activities of the partners under the plan;

and

(3) plan and host, in cooperation with the partners, a

conference on the National Wildlife Refuge System, and assist

in the activities of the conference.

(g) STAFF.—Subject to the availability of appropriations, the

Commission may employ such staff as are necessary to carry out

the duties of the Commission.

(h) DONATIONS.—

(1) IN GENERAL.—The Commission may, in accordance with

criteria established under paragraph (2), accept and use donations of money, personal property, or personal services.

(2) CRITERIA.—The Commission shall establish written criteria to be used in determining whether the acceptance of

gifts or donations under paragraph (1) would—

(A) reflect unfavorably on the ability of the Commission

or any employee of the Commission to carry out its responsibilities or official duties in a fair and objective manner;

or

(B) compromise the integrity or the appearance of the

integrity of any person involved in the activities of the

Commission.

(i) ADMINISTRATIVE SUPPORT.—Upon the request of the

Commission—

(1) the Secretary of the Interior, acting through the Director

of the United States Fish and Wildlife Service, may provide

to the Commission such administrative support services as

are necessary for the Commission to carry out the duties of

the Commission under this title, including services relating

to budgeting, accounting, financial reporting, personnel, and

procurement; and

PUBLIC LAW 106–408—NOV. 1, 2000 114 STAT. 1785

(2) the head of any other appropriate Federal agency may

provide to the Commission such advice and assistance, with

or without reimbursement, as are appropriate to assist the

Commission in carrying out the duties of the Commission.

( j) REPORTS.—

(1) ANNUAL REPORTS.—Not later than 1 year after the

effective date of this title, and annually thereafter, the Commission shall submit to Congress a report on the activities and

plans of the Commission.

(2) FINAL REPORT.—Not later than September 30, 2004,

the Commission shall submit to the Committee on Resources

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

activities of the Commission, including an accounting of all

funds received and expended by the Commission.

(k) TERMINATION.—

(1) IN GENERAL.—The Commission shall terminate 90 days

after the date on which the Commission submits the final

report under subsection ( j).

(2) DISPOSITION OF MATERIALS.—Upon termination of the

Commission and after consultation with the Archivist of the

United States and the Secretary of the Smithsonian Institution,

the Secretary of the Interior may—

(A)(i) deposit all books, manuscripts, miscellaneous

printed matter, memorabilia, relics, and other similar materials of the Commission relating to the centennial of the

National Wildlife Refuge System in Federal, State, or local

libraries or museums; or

(ii) otherwise dispose of such materials; and

(B)(i) use other property acquired by the Commission

for the purposes of the National Wildlife Refuge System;

or

(ii) treat such property as excess property.

SEC. 304. LONG-TERM PLANNING AND ANNUAL REPORTING REQUIREMENTS REGARDING THE OPERATION AND MAINTENANCE

BACKLOG.

(a) UNIFIED LONG-TERM PLAN.—Not later than March 1, 2002,

the Secretary of the Interior shall prepare and submit to Congress

and the President a unified long-term plan to address priority

operation, maintenance, and construction needs of the National

Wildlife Refuge System, including—

(1) priority staffing needs of the System; and

(2) operation, maintenance, and construction needs as

identified in—

(A) the Refuge Operating Needs System;

(B) the Maintenance Management System;

(C) the 5-year deferred maintenance list;

(D) the 5-year construction list;

(E) the United States Fish and Wildlife Service report

entitled ‘‘Fulfilling the Promise of America’s National Wildlife Refuge System’’; and

(F) individual refuge comprehensive conservation

plans.

(b) ANNUAL SUBMISSION.—Beginning with the submission to

Congress of the budget for fiscal year 2003, the Secretary of the

Deadline.

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Termination.

114 STAT. 1786 PUBLIC LAW 106–408—NOV. 1, 2000

LEGISLATIVE HISTORY—H.R. 3671:

HOUSE REPORTS: No. 106–554 (Comm. on Resources).

SENATE REPORTS: No. 106–495 (Comm. on Environment and Public Works).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Apr. 5, considered and passed House.

Oct. 12, considered and passed Senate, amended.

Oct. 18, House concurred in Senate amendments.

Æ

Interior shall prepare and submit to Congress, in the context of

each annual budget submission, a report that contains—

(1) an assessment of expenditures in the prior, current,

and upcoming fiscal years to meet the operation and maintenance backlog as identified in the long-term plan under subsection (a); and

(2) a specification of transition costs, in the prior, current,

and upcoming fiscal years, as identified in the analysis of

newly acquired refuge land prepared by the Department of

the Interior, and a description of the method used to determine

the priority status of the transition costs.

SEC. 305. YEAR OF THE NATIONAL WILDLIFE REFUGE.

(a) FINDING.—Congress finds that designation of the year 2003

as the ‘‘Year of the National Wildlife Refuge’’ would promote the

goal of increasing public appreciation of the importance of the

National Wildlife Refuge System.

(b) PROCLAMATION.—The President is requested to issue a

proclamation calling on the people of the United States to conduct

appropriate programs, ceremonies, and activities to accomplish the

goal of such a year.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out the activities of the Commission under this title—

(1) $100,000 for fiscal year 2001; and

(2) $250,000 for each of fiscal years 2002 through 2004.

SEC. 307. EFFECTIVE DATE.

This title takes effect on January 20, 2001.

Approved November 1, 2000.

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