79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–911

NATIONAL FISH AND WILDLIFE FOUNDATION

ESTABLISHMENT ACT AMENDMENTS OF 2000

SEPTEMBER 28, 2000.—Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

Mr. YOUNG of Alaska, from the Committee on Resources,

submitted the following

REPORT

together with

DISSENTING VIEWS

[To accompany S. 1653]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill (S.

1653) to reauthorize and amend the National Fish and Wildlife

Foundation Establishment Act, having considered the same, reports favorably thereon with an amendment and recommends that

the bill as amended do pass.

The amendment is as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Fish and Wildlife Foundation Establishment Act Amendments of 2000’’.

SEC. 2. 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. 3. 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.—
2

‘‘(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.—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 6 shall be educated or experienced in fish, wildlife, or

other natural resource conservation;

‘‘(ii) at least 4 shall be educated or experienced in the principles of

fish, wildlife, or other natural resource management; and

‘‘(iii) at least 4 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 enactment of this paragraph shall continue to serve

until the expiration of their terms.

‘‘(ii) NEW DIRECTORS.—The Secretary of the Interior shall appoint 8

new Directors; to the maximum extent practicable those appointments

shall be made not later than 45 calendar days after the date of enactment of this paragraph.

‘‘(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—

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

‘‘(ii) 3 Directors for a term of 4 years; and

‘‘(iii) 3 Directors for a term of 6 years.

‘‘(4) VACANCIES.—

‘‘(A) IN GENERAL.—The Secretary of the Interior shall fill a vacancy on

the Board; to the maximum extent practicable the vacancy shall be filled

not later than 45 calendar days after the occurrence of the vacancy.

‘‘(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.

‘‘(6) REQUEST FOR REMOVAL.—The executive committee of the Board may submit to the Secretary 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 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 by striking ‘‘Secretary’’ and inserting ‘‘Secretary of

the Interior or the Secretary of Commerce’’.
3

(3) Section 6 of the National Fish and Wildlife Foundation Establishment Act

(16 U.S.C. 3705) is amended by inserting ‘‘or the Department of Commerce’’

after ‘‘Department of the Interior’’.

SEC. 4. 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.

(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 1

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. 5. 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—
4

(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. 6. NOTICE OF GRANTS TO MEMBERS OF CONGRESS.

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

U.S.C. 3703) is further amended by adding at the end the following:

‘‘(i) NOTICE OF GRANTS TO MEMBERS OF CONGRESS.—The Foundation may not

make a grant of funds unless, by not later than 60 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 conducted.’’.

SEC. 7. 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 and 2002—

‘‘(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. 8. 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:

‘‘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.).’’.

SEC. 9. PROHIBITION ON USE OF GRANT AMOUNTS FOR INTRODUCTION OF WOLVES OR GRIZZLY BEARS.

Section 10 of the National Fish and Wildlife Foundation Establishment Act (16

U.S.C. 3709) is amended by adding at the end the following:

‘‘(d) PROHIBITION ON USE OF GRANT AMOUNTS FOR INTRODUCTION OF WOLVES OR

GRIZZLY BEARS.—Amounts provided as a grant by the Foundation shall not be used
5

for any activity related to the introduction of wolves or grizzly bears in Idaho, Montana, Utah, or Wyoming.’’.

PURPOSE OF THE BILL

The purpose of S. 1653 is to reauthorize and amend the National

Fish and Wildlife Foundation Establishment Act.

BACKGROUND AND NEED FOR LEGISLATION

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

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

and nonprofit corporation and is not an agency or establishment of

the United States. The purposes of the Foundation are—

(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.

The National Fish and Wildlife Foundation Establishment Act

also stipulated that the Foundation would be governed by a Board

of Directors, consisting of nine U.S. citizens appointed by the Secretary of the Interior who are educated, experienced, and knowledgeable in fish and wildlife conservation; the members of the

Board would serve for a maximum of 12 years without pay, but

would be eligible for travel and subsistence expenses; the Foundation would be audited on a yearly basis; and the Foundation would

be authorized to receive up to $1 million in U.S. taxpayers’ funds

for a ten-year period beginning on October 1, 1983. The Foundation

was required to match, on a one-for-one basis, any money it received from the United States Congress.

In 1988, the Congress increased the authorization for the Na- tional Fish and Wildlife Foundation to $5 million a year (Public

Law 100–240). It also repealed the one-for-one matching fund requirement.

In 1990, the Congress again extended the Foundation’s ability to

obtain U.S. taxpayer support for an additional three years by increasing the $5 million authorization ceiling to $15 million in fiscal

year 1991, $20 million in fiscal year 1992, and $25 million in fiscal

year 1993. Furthermore, the legislation prohibited the Foundation

from using any federal funds for its administrative expenses, including salaries, travel, transportation, and other overhead expenses.

In 1994, Congress enacted the National Fish and Wildlife Improvement Act of 1994 (Public Law 103–232). This law expanded

the Foundation’s Board of Directors from nine to 15 members; provided explicit authority for the Foundation to work with the National Oceanic and Atmospheric Administration on marine conservation projects; and authorized federal appropriations of $25

million per year for fiscal years 1994, 1995, 1996, 1997 and 1998.

While the Foundation has not received $25 million in any single

fiscal year, it has obtained total $150 million in federal funds
6

through both appropriations and cooperative agreements with individual agencies since 1984. Appropriated dollars are invested directly in on-the-ground projects.

Federal funds provided to the Foundation are awarded as challenge grants to on-the-ground conservation projects. The term

‘‘challenge grant’’ indicates that the federal seed funds must be

matched with additional funding, thereby multiplying investments

in conservation and involving diverse public and private participants in projects. Since the National Fish and Wildlife Foundation

was established in 1984, the Foundation has funded more than

3,850 grants, comprised of $150 million federal funds matched with

more than $340 million in non-federal dollars for a total of $490

million invested for conservation. That is a ratio of more than 2:1,

which means more than $2 in non-federal money for each dollar

appropriated to the Foundation.

The Foundation fosters partnerships among federal, State, and

local governments, corporations, private foundations, individuals,

and nonprofit organizations. Funds have been awarded to more

than 1,100 grantees, including government agencies, educational

institutions, and domestic and international conservation organizations. They have conducted these projects with 36 federal agencies,

125 State and local agencies, 92 colleges and universities, and 852

different conservation groups, including the Audubon Society, Cape

May Bird Observatory, Chesapeake Bay Foundation, Defenders of

Wildlife, Ducks Unlimited, the International Association of Fish

and Wildlife Agencies, the Nature Conservancy, the Peregrine

Fund, and Zoo Atlanta.

The fundamental goal of the National Fish and Wildlife Foundation is to provide support to local conservation projects and foster

cooperation through established partnerships with government and

private stakeholders. The Foundation awards funds to projects benefitting conservation education, habitat protection and restoration,

and natural resource management.

To capitalize on its goal of supporting community-based conservation, the Foundation works through a network of regions and

partnership offices. Within this regional orientation, there are five

thematic objectives:

Working with Private Landowners.—This program focuses on

conserving natural resources by partnering with the people who

make their living from the land, and can be broken into three categories:

Restoring and enhancing riparian areas, wetlands, and

floodplains: The Foundation has undertaken more than 400

projects to enhance the native vegetative composition and the stability of riparian areas in watersheds with both public and private

landownership. An example of a partnership is a project in the

Catlow Valley in Oregon’s Great Basin that played an important

part of a ‘‘listing is not warranted’’ decision for the Great Basin

redband trout under the Endangered Species Act. The overall

project involves 300,000 acres of land, over half of which is privately owned, on which the Foundation supported restoring springs

and building wildlife and livestock watering areas to enhance riparian areas and improve habitat for redband trout and tui chub.

Controlling invasive and noxious weeds: Through the Pulling Together Initiative, the Foundation creates partnerships between fed-
7

eral agencies and State and local agencies, industry, private landowners, and related interested parties in developing long-term

weed management projects as part of an integrated pest management strategy. The coordinated approach supports long-term

invasive plant management at the local level and has resulted in

leveraged funds; shared experience among partners; cooperation between private and public partners; and increased public awareness

of the dangers of allowing expansion of invasive and noxious

plants. For example, the American Land Conservancy’s Bear Creek

Watershed Restoration project in California brought multiple partners together to control yellow starthistle and other invasive weeds

utilizing an integrated pest management approach. State universities and agencies established demonstration sites throughout the

watershed to show examples of weed control, native plant enhancement, and habitat restoration as well as to raise public awareness

about invasive plants and the ecological restoration that has been

implemented.

Protecting land through easements and other mechanisms: Conservation easements offer landowners a variety of options for protecting wildlife habitat while allowing farmers, ranchers and other

landowners the ability to continue to own and work their land and

pass the property to heirs. All easements supported by the Foundation are done with willing partners and must promote and further

the conservation and management of fish, wildlife and plant resources of the United States. The Foundation has supported over

120 projects involving conservation easements with partners as diverse as the California Rangeland Trust, Malpai Borderlands

Group, Ducks Unlimited, and many locally-based land trusts.

Enhancing Conservation Education.—This program supports innovative education programs targeting under-served groups and

young people, educators, community leaders, and private landowners nationwide, the critical audiences responsible for the current and future management of our natural resources. To date, the

Foundation has awarded over 530 grants worth $11.4 million, and

those grants have leveraged more than $38 million for conservation

education projects located in all 50 States.

Promoting Sustainable Communities.—This program invests in

projects that build economic opportunity and capacity at the local

level to balance growth with species and habitat conservation. The

Foundation has awarded over 800 grants, committing $27 million

in federal funds and leveraging an additional $60 million in nonfederal contributions to support projects that sustain the health

and diversity of fish and wildlife habitat in communities.

Fostering Resolution of Resource Conflicts.—The Foundation has

provided critical support to resolve controversies regarding fish and

wildlife protection and communities’ development needs. For example, the Foundation is assisting the Sierra Business Council, an association of over 450 member businesses working to secure the economic and environmental health of the Sierra Nevada, to develop

the Placer County Open Space and Preservation Plan. Working collaboratively with State and federal agencies, the Sierra Business

Council simultaneously addressed the environmental and economic

needs of Placer County through the establishment of a countywide

Natural Communities Conservation Plan.
8

Promoting Strong, Diversified Local Economies.—The Pinellas

County Environmental Foundation (PCEF) is a unique partnership

that brings the Foundation’s expertise to this Florida Gulf Coast

community. PCEF’s mission is to conserve, restore and enhance the

natural resources of Pinellas County for its citizens and visitors

through innovative and sustainable partnerships among stakeholders. Although Pinellas is the State’s most densely populated

county, natural resources are abundant, including wading bird

rookeries, nearshore fisheries, and parklands. Through PCEF, the

Tampa Bay area is becoming a model for nature tourism (the Florida Birding Festival and Flats Fishing Tournament), environmental education, and integrating natural resource conservation

with population growth.

The Foundation develops partnerships with private corporations

that foster strategic investments in conservation solutions. Programs are jointly developed by the corporation and the Foundation

and address demonstrated conservation needs.

For additional information, please see Senate Report 106–230.

COMMITTEE ACTION

S. 1653 was introduced on September 28, 1999, by the late Senator John H. Chafee (R-RI). On March 9, 2000, the Senate passed

S. 1653 by unanimous consent. In the House of Representatives,

the bill was referred to the Resources Committee. While there were

no specific hearings on this legislation, the Subcommittee on Fisheries Conservation, Wildlife and Oceans of the Committee on Resources has conducted several comprehensive oversight hearings on

the operation of the National Fish and Wildlife Foundation. On

September 20, 2000, the Full Resources Committee met to consider

the bill. Chairman Don Young (R-AK) offered an amendment in the

nature of a substitute that shortened the authorization period, provided level funding for the Foundation at $25 million ($20 million

to the Department of the Interior and $5 million to the Department

of Commerce), retained the lobbying and litigation prohibition reforms, did not expand the Foundation’s authority beyond the U.S.

Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, and increased the size of the Foundation’s

Board of Directors. Congressman Jim Hansen (R-UT) offered an

amendment to the substitute that required an annual report to the

House Committee on Resources and Senate Committee on Environment and Public Works detailing the recipient, amount and purpose of each conservation grant, and required that the Foundation

must provide a 60–day notice to those Members of Congress that

will be affected by a specific conservation grant project in their district. The amendment was adopted by voice vote. Congressman

Helen Chenoweth-Hage (R-ID) offered an amendment that prohibited the use of grant money for the introduction of wolves or grizzly

bears in Idaho, Montana, Utah, or Wyoming. The amendment was

adopted by a vote of 25 to 9, as follows:
9
10

The amendment in the nature of a substitute, as amended, was

then approved by voice vote. The bill, as amended, was then ordered favorably reported to the House of Representatives by voice

vote.

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

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

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

the body of this report.

CONSTITUTIONAL AUTHORITY STATEMENT

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

grants Congress the authority to enact this bill.

COMPLIANCE WITH HOUSE RULE XIII

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

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

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974.

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

Rule XIII of the Rules of the House of Representatives and section

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

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

3. Government Reform Oversight Findings. Under clause 3(c)(4)

of Rule XIII of the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from the Committee on Government Reform on this

bill.

4. Congressional Budget Office Cost Estimate. Under clause

3(c)(3) of Rule XIII of the Rules of the House of Representatives

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

Director of the Congressional Budget Office:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, September 25, 2000.

Hon. DON YOUNG, Chairman, Committee on Resources,

U.S. House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1653, the National Fish and

Wildlife Foundation Establishment Act Amendments of 2000.

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

to provide them. The CBO staff contact is Deborah Reis.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).
11

Enclosure.

S. 1653—National Fish and Wildlife Foundation Establishment Act

Amendments of 2000

Summary: S. 1653 would authorize the appropriation of $25 million for each of fiscal years 2001 and 2002 for making payments

to the National Fish and Wildlife Foundation (NFWF). The payments would be made by the Department of the Interior and the

Department of Commerce, and would be available to the foundation

to match contributions received from private, state, and local organizations to carry out various wildlife programs. Other provisions

of the act, which would amend the National Fish and Wildlife

Foundation Establishment Act, would have no impact on federal

spending. Many of its provisions would clarify existing laws regarding the foundation’s investment and use of funds.

The legislation would not affect direct spending or receipts;

therefore, pay-as-you-go procedures would not apply. S. 1653 contains no intergovernmental or private-sector mandates as defined

in the Unfunded Mandates Reform Act (UMRA) and would have no

significant impact on the budgets of state, local, or tribal governments.

Estimated Cost to the Federal Government: Assuming appropriation of the authorized amounts, CBO estimates that federal agencies would make payments totaling $25 million to the NFWF in fiscal years 2001 and 2002. The amounts that would be authorized to

be appropriated for payment to the NFWF under S. 1653 are the

same as the previous annual authorization (which expired at the

end of fiscal year 1998) and $18 million higher than the amount

appropriated for payments to the NFWF for 2000. The estimated

budgetary impact of S. 1653 is shown in the following table. The

costs of this legislation fall within budget function 300 (natural resources and environment).

By Fiscal Year, in Millions of Dollars

2000 2001 2002 2003 2004 2005

SPENDING SUBJECT TO APPROPRIATION

Spending under current law:

Budget authority 1 ............................................................... 7 0 0 0 0 0

Estimated outlays ................................................................ 7 0 0 0 0 0

Proposed changes:

Authorization level ............................................................... 0 25 25 0 0 0

Estimated outlays ................................................................ 0 25 25 0 0 0

Spending under S. 1653:

Authorization level ............................................................... 7 25 25 0 0 0

Estimated outlays ................................................................ 7 25 25 0 0 0

1 The 2000 level is the amount appropriated for that year for payments to the NFWF.

Pay-as-You-Go Considerations: None.

Intergovernmental and Private-Sector Impact: S. 1653 contains

no intergovernmental or private-sector mandates as defined in

UMRA and would have no significant impact on the budgets of

state, local, or tribal governments.

Previous CBO Estimate: On February 24, 2000, CBO transmitted

a cost estimate for S. 1653, the National Fish and Wildlife Foundation Establishment Act Amendments of 1999, as ordered reported

by the Senate Committee on Environment and Public Works on

February 9, 2000. The House version of S. 1653 would authorize
12

annual appropriations of $15 million less than the Senate version,

and would authorize such payments for two rather than five years.

These differences are reflected in the CBO estimates.

Estimate Prepared by: Federal Costs Deborah Reis; Impact on

State, Local, and Tribal Governments: Marjorie Miler; Impact on

the Private Sector: Lauren Marks.

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

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.

PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

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

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

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

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

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics,

existing law in which no change is proposed is shown in roman):

NATIONAL FISH AND WILDLIFE FOUNDATION

ESTABLISHMENT ACT

* * * * * * *

SEC. 2. ESTABLISHMENT AND PURPOSES OF FOUNDATION.

(a) * * *

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

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

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

and services of the United States Fish and Wildlife Service and

the National Oceanic and Atmospheric Administration;¿

(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. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

ø(a) ESTABLISHMENT AND MEMBERSHIP.—The Foundation shall

have a governing Board of Directors (hereinafter referred to in this

Act as the ‘‘Board’’), which shall consist of 15 Directors, each of

whom shall be a United States citizen and—

ø(1) six of whom must be knowledgeable or experienced in

fish and wildlife conservation; and

ø(2) 4 of whom must be educated and experienced in the

principles of fish and wildlife management.

The membership of the Board, to the extent practicable, shall represent diverse points of view relating to fish and wildlife conservation. The Director of the United States Fish and Wildlife Service

shall be an ex officio nonvoting member of the Board. Appointment
13

to the Board shall not constitute employment by, or the holding of

an office of, the United States for the purposes of any Federal law.

ø(b) APPOINTMENT AND TERMS.—By December 31, 1984, the Secretary of the Interior (hereinafter referred to in this Act as the

‘‘Secretary’’) shall appoint the Directors of the Board. The Directors

shall be appointed for terms of 6 years; except that the Secretary,

in making the initial appointments to the Board, shall appoint 3

Directors to a term of 2 years, 3 Directors to a term of 4 years, and

3 Directors to a term of 6 years. A vacancy on the Board shall be

filled within 60 days of said vacancy in the manner in which the

original appointment was made. No individual may serve more

than 2 consecutive terms as a Director. The Secretary of the Interior shall consult with the Under Secretary of Commerce for

Oceans and Atmosphere before appointing any Director of the

Board.¿

(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 6 shall be educated or experienced in fish,

wildlife, or other natural resource conservation;

(ii) at least 4 shall be educated or experienced in the

principles of fish, wildlife, or other natural resource

management; and

(iii) at least 4 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 enactment of this

paragraph shall continue to serve until the expiration

of their terms.

(ii) NEW DIRECTORS.—The Secretary of the Interior

shall appoint 8 new Directors; to the maximum extent

practicable those appointments shall be made not later
14

than 45 calendar days after the date of enactment of

this paragraph.

(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—

(i) 2 Directors for a term of 2 years;

(ii) 3 Directors for a term of 4 years; and

(iii) 3 Directors for a term of 6 years.

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

a vacancy on the Board; to the maximum extent practicable

the vacancy shall be filled not later than 45 calendar days

after the occurrence of the vacancy.

(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.

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

Board may submit to the Secretary 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 shall consult with the

Secretary of Commerce.

* * * * * * *

SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

(a) IN GENERAL.—The Foundation—

(1) * * *

* * * * * * *

(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

* * * * * * *

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

Foundation shall have, in addition to the powers otherwise given

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

trustee in the District of Columbia, including the power—

(1) * * *

* * * * * * *

(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;
15

(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;

ø(3)¿ (7) unless otherwise required by the instrument of

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

ø(4)¿ (8) to borrow money and issue bonds, debentures, or

other debt instruments;

ø(5)¿ (9) to sue and be sued, and complain and defend itself

in any court of competent jurisdiction, except that the øDirectors of the Board¿ Directors of the Foundation shall not be personally liable, except for gross negligence;

ø(6)¿ (10) to enter into contracts or other arrangements with

public agencies and private organizations and persons and to

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

ø(7)¿ (11) to do any and all acts necessary and proper to

carry out the purposes of the Foundation.

* * * * * * *

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

(A) * * *

ø(B) the Director of the United States Fish and Wildlife

Service (hereinafter in this subsection referred to as the ‘‘Director’’) consents to the acquisition in writing.¿

(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.

* * * * * * *

(3)(A) * * *

* * * * * * *

(B) The Foundation may only make a conveyance or provide Federal funds under subparagraph (A) if—

(i) * * *

ø(ii) the Director finds that conveyance or provision of Federal funds meets the requirements of clause (i) and consents to

it in writing.¿

(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 con-
16

veyance or provision of Federal funds within 60 calendar days

after the date of the notification.

* * * * * * *

ø(5) The Foundation shall convey at not less than fair-market

value any real property acquired by it in whole or in part with Federal funds if the Foundation and the Director determine, in writing, that—

ø(A) the land is no longer valuable for the purposes of fish

and wildlife conservation or management; and

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

by the use of the Federal funds for other authorized activities

of the Foundation.¿

(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.

* * * * * * *

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

funds in connection with any 1 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) NOTICE OF GRANTS TO MEMBERS OF CONGRESS.—The Foundation may not make a grant of funds unless, by not later than 60

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 conducted.

* * * * * * *

SEC. 6. VOLUNTEER STATUS.

The øSecretary¿ Secretary of the Interior or the Secretary of Commerce may accept, without regard to the civil service classification

laws, rules, or regulations, the services of the Foundation, the

Board, and the officers and employees of the Board, without compensation from the Department of the Interior or the Department

of Commerce, as volunteers in the performance of the functions authorized herein, in the manner provided for under section 7(c) of

the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)).

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

(a) * * *

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

the end of each fiscal year, transmit to øCongress¿ the Committee

on Resources of the House of Representatives and the Committee on
17

Environment and Public Works of the Senate a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments; and

a description of all acquisition and disposal of real property that is

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

of the recipient, amount, and purpose of each grant made by the

Foundation in the fiscal year.

* * * * * * *

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

ø(a) AUTHORIZATION.—There are authorized to be appropriated to

the Department of the Interior $25,000,000 for each of fiscal years

1994, 1995, 1996, 1997, and 1998.

ø(b) USE OF AMOUNTS APPROPRIATED.—(1) Subject to paragraph

(2), amounts appropriated under this section shall be made available to the Foundation for use for matching, in whole or in part,

contributions (whether in currency, services, or property) made to

the Foundation by private persons and State and local government

agencies.

ø(2) No Federal funds authorized under this section shall be used

by the Foundation for administrative expenses of the Foundation,

including for salaries, travel and transportation expenses, and

other overhead expenses.

ø(c) ADDITIONAL AUTHORIZATION.—The amounts authorized to be

appropriated under this section are in addition to any amounts provided or available to the Foundation under any other Federal law.¿

(a) AUTHORIZATION OF APPROPRIATIONS.—

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

carry out this Act for each of fiscal years 2001 and 2002—

(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.
18

(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.

(d) PROHIBITION ON USE OF GRANT AMOUNTS FOR INTRODUCTION

OF WOLVES OR GRIZZLY BEARS.—Amounts provided as a grant by

the Foundation shall not be used for any activity related to the introduction of wolves or grizzly bears in Idaho, Montana, Utah, or

Wyoming.

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.).

SECTION 304 OF THE ACT OF OCTOBER 23, 1992

AN ACT To promote the conservation of wild exotic birds, to provide for the Great

Lakes Fish and Wildlife Tissue Bank, to reauthorize the Fish and Wildlife Conservation Act of 1980, to reauthorize the African Elephant Conservation Act, and

for other purposes.

øSEC. 304. NATIONAL FISH AND WILDLIFE FOUNDATION.

øBeginning in fiscal year 1993 and hereafter, the National Fish

and Wildlife Foundation may continue to draw down Federal funds

when matching requirements have been met: Provided, That interest earned by the Foundation and its subgrantees on funds drawn

down to date, but not immediately disbursed, shall be used to fund

all activities as approved by the Board of Directors: Provided further, That the Foundation’s subgrantees shall be exempt from the

audit reporting and compliance requirements of OMB Circular A–

133, for all grants of $100,000 or less. The Foundation shall amend

its grant contracts to ensure that its subgrantees are advised and

certify that they will comply with all applicable Federal laws and

regulations imposed on individuals or organizations receiving Federal funds.¿
(19)

DISSENTING VIEWS

It is with regret that we oppose S. 1653 as amended by the Committee on Resources. The National Fish and Wildlife Foundation

(Foundation) has enjoyed wide, bipartisan support from Congress

since its inception in 1984, but the Majority has chosen to depart

from that tradition and again derail what should be a non-controversial bill by the inclusion of a poison pill amendment.

We support S. 1653 and its fundamental goal of reauthorizing

the Foundation and its popular programs. Unfortunately, the

amendment offered by Rep. Chenoweth-Hage and adopted over our

objectives at the September 20, 2000 Committee markup transforms what should have been a straightforward reauthorization

into a partisan platform with the objective of undermining the Endangered Species Act (ESA).

The Chenoweth-Hage amendment would prohibit the Foundation

from funding any activities related to the reintroduction of wolves

or grizzly bears in Idaho, Montana, Utah, and Wyoming. This

amendment, which serves the political and ideological interests of

a handful of Members who object to the Endangered Species Act,

compromises the fundamental integrity of the Foundation’s sciencebased programs.

The Foundation is an established, competitive grant-making,

peer-reviewed organization with a long history of funding successful conservation projects throughout the United States. The Foundation has worked closely with Congress and has engaged in numerous popular endeavors, without major objections, until the

104th Congress when certain Members of the Majority of this Committee began investigating Foundation activities related to the Endangered Species Act.

Ironically, the Foundation has never funded any grizzly bear reintroduction efforts. It has, however, funded research and education programs on the prevention of human/grizzly bear interactions. In addition, the Foundation has awarded less than

$150,000 worth of projects related to the reintroduction of wolves.

However, the substance of our concern with the Chenoweth-Hage

amendment is the precedent of Congress intervening to constrain

the Foundation’s conservation activities. The amendment effectively undercuts a competitive grant-making process that has resulted in more than 3,500 conservation projects throughout all fifty

states and insular areas and in 35 other countries. The development of scientifically-based projects is not enhanced by the interjection of Congressional politics as reflected in the Chenoweth-Hage

amendment.

Over the past 16 years the Foundation has matched federal dollars with private donations on over a two-to-one ratio, ensuring

that federal appropriations have a far greater impact. The Foundation has worked successfully with diverse interests such as the
20

California Cattleman’s Association and The Nature Conservancy,

forging partnerships and developing effective cost-sharing initiatives.

In conclusion, it is unwise and unnecessary to include the

Chenoweth-Hage restrictions on non-controversial reauthorization

legislation. It would be bad precedent for Congress to begin micromanaging the Foundation’s scientifically-based and competitive

conservation grant projects. If the Majority wants to rewrite the

Endangered Species Act they should choose another legislative

forum in which to engage in that battle and refrain from cluttering

this bipartisan bill with their ideological baggage. The House

should reject the Committee’s nefarious amendments and instead

send S. 1653, as passed by the Senate, to the President for his signature.

GEORGE MILLER, Ranking Member, Committee

on Resources.

FRANK PALLONE.

Æ