19–010 

Calendar No. 517 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–215 

NATIONAL FISH AND WILDLIFE FOUNDATION 

REAUTHORIZATION ACT OF 2011 

SEPTEMBER 19, 2012.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 1494] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred a bill (S. 1494) to reauthorize and amend the National 

Fish and Wildlife Foundation Establishment Act, having considered 

the same, reports favorably thereon and recommends that the bill, 

as amended, do pass. 

GENERAL STATEMENT AND BACKGROUND

The National Fish and Wildlife Foundation Reauthorization Act 

of 2012 reauthorizes the National Fish and Wildlife Foundation 

(NFWF), which was established by Congress in 1984 to catalyze 

private investments to conserve fish, wildlife, and their habitats. Since inception, NFWF has leveraged $576 million in federal funds into $2 billion for conservation through more than 11,600 

grants in the United States and abroad. NFWF is currently working with 14 federal agencies and more than 50 corporations, foundations, and other private organizations to coordinate and leverage 

funds for conservation through competitive grant programs. The 

stated purposes of the Foundation are: 

(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 

(2) To undertake and conduct such other activities as will 

further the conservation and management of the fish, wildlife, 


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and plant resources of the United States, and its territories 

and possessions, for present and future generations of Americans. 

Congress has reauthorized and modified the program on multiple 

occasions—1988 (P.L. 100–240), 1990 (P.L. 101–593), 1994 (P.L. 

103–232), 2000 (P.L. 106–408), 2002 (P.L. 107–141), 2006 (P.L. 

109–363). These reauthorizations have increased and extended the 

program authorization, modified the membership of the board of directors, and added various requirements for the expenditure of 

funds. 

S. 1494 again extends the Foundation’s authorization and provides the following authorizations of appropriations—Secretary of 

the Interior ($15 million); Secretary of Agriculture ($5 million); and 

Secretary of Commerce ($5 million) for FY2012–FY2017. The bill 

also clarifies and makes modifications to the Foundation’s authority in a number of areas— • Clarifies NFWF’s authority to receive and administer restitution and community service payments, amounts for mitigation of 

impacts to natural resources, and other amounts arising from legal, 

regulatory, or administrative proceedings, provided that the 

amounts are received or administered for purposes that further the 

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

natural resources. 

• Clarifies NFWF’s authority to enter into contracts, agreements, 

and other partnerships with Federal departments, agencies, or instrumentalities, State or local government agencies, tribal governments, or other entities. 

• Clarifies NFWF’s authority to receive funds from Federal departments, agencies, or instrumentalities. 

• Authorizes NFWF to assess and collect fees for the management of amounts received from federal agencies, and to use such 

federal funds for matching contributions made by private persons, 

state and local agencies, and other entities. • Authorizes NFWF to make available to Federal departments, 

agencies, or instrumentalities any gifts, devises, or bequests of 

amounts or other property that it receives. • Repeals provisions authorizing NFWF to establish a national 

whale conservation endowment fund. 

OBJECTIVES OF THE LEGISLATION

The National Fish and Wildlife Foundation Reauthorization Act 

of 2011 (S. 1494) extends the authorization of appropriations for 

the National Fish and Wildlife Foundation through FY 2017 and 

clarifies the Foundation’s authorities. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that this Act may be cited as the ‘National 

Fish and Wildlife Foundation Reauthorization Act of 2011’. 

Section 2. Board of Directors of the Foundation 

Section 2 modifies the education and experience qualifications for 

members of the Board of Directors. Section 2 also clarifies that the 

Foundation shall have an executive director who shall serve as the 


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chief executive officer of the Foundation. A conforming amendment 

to the North American Wetlands Conservation Act is included because the Foundation’s executive director serves on the North 

American Wetlands Conservation Council. 

Section 3. Rights and obligations of the foundation 

Section 3 clarifies that the Foundation may receive and administer funds arising from legal settlements, mitigation payments and 

similar funds for the conservation and management of fish, wildlife, plants and other natural resources. A savings clause is also included stating that the acceptance and administration of such 

funds does not alter, supersede, or limit any regulatory or statutory 

requirement associated with those amounts. 

This section also eliminates the National Whale Conservation 

Endowment Fund (Fund) because it is not funded and no longer exists at the Foundation. The Foundation supports whale conservation in partnership with the National Oceanic and Atmospheric Administration (NOAA) and other federal agencies. 

Section 4. Authorization of appropriations 

Section 4 extends the authorization of appropriations to the Secretaries of Interior, Agriculture and Commerce until fiscal year 

2017. The amount authorized for the Secretary of the Interior ($15 

million per year) is a $10 million per year reduction from current 

authorization levels. 

Section 4 clarifies that federal agencies may provide funds to the 

Foundation to further the conservation and management of fish, 

wildlife, plants and other natural resources. This section also allows Federal agencies to grant these funds to the Foundation in an 

advance lump sum, rather than on a reimbursable basis. Section 4 

allows the Foundation to charge a management fee to administer 

these advanced federal funds. 

Section 4 authorizes Federal agencies to grant funds to the Foundation in an expedited manner (without competition) to address an 

environmental emergency or to reduce administrative costs and expedite conservation and management of fish, wildlife, plants, and 

other natural resources. The Foundation is required to report on 

the use of this authority in its annual report to Congress. 

Section 4 clarifies that the Foundation may provide, and the federal agencies may accept, funds from the Foundation for fish and 

wildlife conservation. 

Section 5. Limitation on authority 

Section 5 modifies Section 11 of the National Fish and Wildlife 

Foundation Establishment Act to clarify that the Foundation can 

work with the National Park Service unless it is the exclusive authority of the National Park Foundation. 

LEGISLATIVE HISTORY

S. 1494 was introduced by Sen. Barbara Boxer on August 2, 

2011. The bill has 13 co-sponsors. The bill was received, read twice, 

and referred to the Committee on Environment and Public Works. 

On July 25, 2012, the full Committee on Environment and Public 

Works met to consider the bill. The bill was ordered reported favorably without amendment by voice vote. 


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HEARINGS

On April 24th, 2012, the Water and Wildlife Subcommittee of the 

Senate Environment and Public Works Committee held a legislative hearing on multiple bills, including S. 1494. 

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider S. 1494 on July 25, 2012. An amendment offered by Sen. 

Boxer was adopted by voice vote. The bill, as amended, was ordered 

reported favorably by voice vote. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the committee finds that S. 1494 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the committee noted that the Congressional 

Budget Office has found, ‘‘S. 1494 contains no intergovernmental or 

private-sector mandates as defined in the Unfunded Mandates Reform Act UMRA and would not affect the budgets of state, local, 

or tribal governments.’’ 

AUGUST 2, 2012. 

Hon. BARBARA BOXER, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 1494, the National Fish 

and Wildlife Foundation Reauthorization Act of 2012. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jeff LaFave. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 1494—National Fish and Wildlife Foundation Reauthorization 

Act of 2012 

Summary: S. 1494 would authorize appropriations totaling $25 

million a year to support the National Fish and Wildlife Foundation. 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 authorized amounts, CBO estimates 

that implementing the legislation would cost $125 million over the 

2013–2017 period. 

Enacting S. 1494 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

S. 1494 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 


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Estimated cost to the Federal Government: The estimated budgetary impact of S. 1494 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

For this estimate, CBO assumes that the bill will be enacted in 

2012 and that the authorized amounts will be appropriated for 

each fiscal year. Estimated outlays are based on historical spending 

patterns for grants to the National Fish and Wildlife Foundation. 

By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2013– 

2017 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1

Authorization Level ....................................................................... 25 25 25 25 25 125 

Estimated Outlays ........................................................................ 25 25 25 25 25 125 

1 CBO estimates that the Department of the Interior and the Forest Service will spend about $14 million in fiscal year 2012 to support the activities of the National Fish and Wildlife Foundation. 

Intergovernmental and private-sector impact: S. 1494 contains no 

intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act UMRA and would not affect the 

budgets of state, local, or tribal governments. 

Estimate prepared by: Federal costs: Jeff LaFave; Impact on 

state, local, and tribal governments: Melissa Merrill; Impact on the 

private sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enclosed in øblack 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 

* * * * * * * 

SECTION 1. SHORT TITLE. 

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

* * * * * * * 

SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. 

(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 


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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 

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

Federal law. 

(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. 

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.¿ 

(2) IN GENERAL.—After consulting with the Secretary of Commerce and considering the recommendations submitted by the 

Board, the Secretary of the Interior shall appoint 28 Directors 

who, to the maximum extent practicable, shall— 

(A) be knowledgeable and experienced in matters relating 

to conservation of fish, wildlife, or other natural resources; 

and 

(B) represent a balance of expertise in ocean, coastal, 

freshwater, and terrestrial resource conservation. 

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 POSI- TIONS.—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.¿ 


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(3) TERMS.—Each Director (other than a Director described in 

paragraph (1)) shall be appointed for a term of 6 years. 

* * * * * * * 

(g) GENERAL POWERS.— (1) The Board may complete the organization of the Foundation by— 

(A) appointing officers and employees; 

(B) adopting a constitution and bylaws consistent with 

the purposes of the Foundation and the provisions of this 

Act; and 

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

to carry out the provisions of this Act. 

(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¿ 

(A) IN GENERAL.—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.¿ 

(B) EXECUTIVE DIRECTOR.—The Foundation shall have 

an Executive Director who shall be— 

(i) appointed by, and serve at the direction of, the 

Board as the chief executive officer of the Foundation; 

and 

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

* * * * * * * 

SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. 

(a) IN GENERAL.—The Foundation— 

(1) shall have perpetual succession; 

(2) may conduct business throughout the several States, territories, and possessions of the United States and abroad; 

(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 

(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. 

(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¿ 

(c) POWERS.— (1) IN GENERAL.—To carry out the purposes described in 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)¿ (A) 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)¿ (B) to acquire by purchase or exchange any real or 

personal property or interest therein, subject to subsection 

(e); 

ø(3)¿ (C) 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)¿ (D) to deposit any funds provided to the Foundation by the Federal Government into accounts øthat are insured by an agency or instrumentality of the United 

States¿ at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the 

Securities Investment Protection Corporation; 

ø(5)¿ (E) to make use of any interest or investment income that accrues as a consequence of actions taken under 

øparagraph (3) or (4)¿ subparagraph (C) or (D) to carry out 

the purposes of the Foundation; 

ø(6)¿ (F) 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)¿ (G) 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)¿ (H) to borrow money and issue bonds, debentures, 

or other debt instruments; 

ø(9)¿ (I) 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)¿ (J) 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 functionsø; and¿; 

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

carry out the purposes of the Foundation.¿ 

(K) to receive and administer restitution and community 

service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of 

fish, wildlife, plants, and other natural resources; and 


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(L) to do any and all acts necessary and proper to carry 

out the purposes of the Foundation. 

øFor 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.¿ 

(2) TREATMENT OF REAL PROPERTY.— (A) IN GENERAL.—For purposes of this Act, an interest in 

real property shall be treated as including 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. 

(B) ENCUMBERED REAL PROPERTY.—A gift, devise, or bequest may be accepted by the Foundation even though the 

gift, devise, or bequest is encumbered, restricted, or subject 

to beneficial interests of private persons if any current or 

future interest in the gift, devise, or bequest is for the benefit of the Foundation. 

(3) SAVINGS CLAUSE.—The acceptance and administration of 

amounts by the Foundation under paragraph (1)(K) does not 

alter, supersede, or limit any regulatory or statutory requirement associated with those amounts. 

(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 subject to condemnation by any State or political subdivision, or any 

agent or instrumentality thereof. 

(e) ACQUISITION, MANAGEMENT AND DISPOSAL OF REAL PROP- ERTY.—* * * 

* * * * * * * 

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— 

(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. 


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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)¿ (f) 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)¿ (g) 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 in 

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

* * * * * * * 

SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

(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.¿ 

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

carry out this Act for each of fiscal øyears 2011 through 2015¿ 

ø(A) $20,000,000 to the Secretary of the Interior;¿ 

years 2012 through 2017— (A) $15,000,000 to the Secretary of the Interior; 

(B) $5,000,000 to the Secretary of Agriculture; and 


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(C) $5,000,000 to the Secretary of Commerce. 

(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.¿ 

(1) AMOUNTS FROM FEDERAL AGENCIES.— 

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

to be appropriated under øsubsection (a), the Foundation 

may accept Federal funds from Federal departments, agencies, or instrumentalities for use by the Foundation,¿ subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject 

to the condition that the amounts are used for purposes 

that further the conservation and management of fish, 

wildlife, plants, and other natural resources in accordance 

with this Act. 

(B) ADVANCES.—Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without 

regard to when the expenses for which the amounts are 

used are incurred. 

(C) MANAGEMENT FEES.—The Foundation may assess 

and collect fees for the management of amounts received 

under this paragraph. 

(2) USE OF øFUNDS¿ AMOUNTS ACCEPTED FROM FEDERAL

AGENCIES.—Federal funds provided to the Foundation under 

paragraph (1) øshall be used¿ may 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 øand State and local government agencies¿, State 

and local government agencies, and other entities. 

(3) ADMINISTRATION OF AMOUNTS.— 

(A) IN GENERAL.—In entering into contracts, agreements, 

or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion 

to waive any competitive process of that department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose 

of the waiver is— 

(i) to address an environmental emergency resulting 

from a natural or other disaster; or 

(ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce 

administrative expenses and expedite the conservation 

and management of fish, wildlife, plants, and other 

natural resources. 

(B) REPORTS.—The Foundation shall include in the annual report submitted under section 7(b) a description of 

any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal 

year. 


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(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. 

(d) USE OF GIFTS, DEVISES, OR BEQUESTS OF MONEY OR OTHER

PROPERTY.—Any gifts, devises, or bequests of amounts or other 

property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that 

the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources. 

SEC. 11. LIMITATION ON AUTHORITY. 

Nothing in this Act authorizes the Foundation to perform any 

function the exclusive authority for which is provided to the National Park Foundation by Public Law 90–209 (16 U.S.C. 19e et 

seq.). 

NORTH AMERICAN WETLANDS CONSERVATION ACT 

* * * * * * * 

SECTION 1. ø16 U.S.C. 4401 note¿ SHORT TITLE. 

This Act may be cited as the ‘‘North American Wetlands Conservation Act’’. 

* * * * * * * 

SEC. 4. ø16 U.S.C. 4403¿ ESTABLISHMENT OF NORTH AMERICAN WETLANDS CONSERVATION COUNCIL. 

(a) COUNCIL MEMBERSHIP.—(1) There shall be established a 

North American Wetlands Conservation Council (hereinafter in 

this Act referred to as the ‘‘Council’’) which shall consist of nine 

members who may not receive compensation as members of the 

Council. Of the Council members— 

(A) one shall be the Director of the United States Fish and 

Wildlife Service, who shall be the responsible Federal official 

for ensuring Council compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

(B) one shall be the øSecretary of the Board¿ Executive Director of the Board of the National Fish and Wildlife Foundation appointed pursuant to section 3(g)(2)(B) of the National 

Fish and Wildlife Foundation Establishment Act (16 U.S.C. 

3702); 

* * * * * * * 

Æ 


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