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[Senate Report 112-215]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 517
112th Congress                                                   Report
  2d Session                  SENATE                            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, 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 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.

                                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.
    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 APPROPRIATION1

Authorization Level.....................................       25       25       25       25       25       125
Estimated Outlays.......................................       25       25       25       25       25      125
----------------------------------------------------------------------------------------------------------------
1CBO 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 [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *

NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT

           *       *       *       *       *       *       *

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 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.
          [(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.]
          (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.
          [(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.]
          (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:
                  [(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.
                  [(B) The first officer or employee appointed 
                by the Board shall be the Secretary of the 
                Board who--
                          [(i) shall serve, at the direction of 
                        the Board, as its chief operating 
                        officer; and
                          [(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.
  [(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--
                  [(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;
                  [(2)] (B) to acquire by purchase or exchange 
                any real or personal property or interest 
                therein, subject to subsection (e);
                  [(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;
                  [(4)] (D) 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] at 1 or 
                more financial institutions that are members of 
                the Federal Deposit Insurance Corporation or 
                the Securities Investment Protection 
                Corporation;
                  [(5)] (E) to make use of any interest or 
                investment income that accrues as a consequence 
                of actions taken under [paragraph (3) or (4)] 
                subparagraph (C) or (D) to carry out the 
                purposes of the Foundation;
                  [(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;
                  [(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;
                  [(8)] (H) to borrow money and issue bonds, 
                debentures, or other debt instruments;
                  [(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;
                  [(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 
                functions[; and];
                  [(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
                  (L) to do any and all acts necessary and 
                proper to carry out the purposes of the 
                Foundation.
[For purposes of this Act, an interest in real property shall 
be treated as including, among other things, easements or other 
rights for preservation, conservation, protection, or 
enhancement by and for the public of natural, scenic, historic, 
scientific, educational, inspirational, or recreational 
resources. A gift, devise, or bequest may be accepted by the 
Foundation even though it is encumbered, restricted, or subject 
to beneficial interests of private persons if any current or 
future interest therein is for the benefit of the Foundation.]
          (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 Property.--* 
* *

           *       *       *       *       *       *       *

  [(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.
  [(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
          [(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.
  [(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.
  [(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.
  [(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.
  [(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--
          [(A) are the most endangered (including the northern 
        right whale (Eubaleana glacialis)); or
          [(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.
  [(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.]
  [(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.
  [(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.--
          [(1) In general.--There are authorized to be 
        appropriated to carry out this Act for each of fiscal 
        years 2001 through 2005--
                  [(A) $25,000,000 to the Department of the 
                Interior; and
                  [(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 
        [years 2011 through 2015]
                  [(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
                  (C) $5,000,000 to the Secretary of Commerce.
  (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.]
          (1) Amounts from federal agencies.--
                  (A) In general.--In addition to the amounts 
                authorized to be appropriated under [subsection 
                (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 [funds] amounts accepted from federal 
        agencies.--Federal funds provided to the Foundation 
        under paragraph (1) [shall 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 
        [and 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.
  (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

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SECTION 1. [16 U.S.C. 4401 NOTE] SHORT TITLE.

  This Act may be cited as the ``North American Wetlands 
Conservation Act''.

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SEC. 4. [16 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 [Secretary 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);

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