II 

Calendar No. 517 

112TH CONGRESS 

2D SESSION S. 1494 

[Report No. 112–215] 

To reauthorize and amend the National Fish and Wildlife Foundation 

Establishment Act. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2011 

Mrs. BOXER (for herself, Mr. CARDIN, Mr. COCHRAN, Mr. ROBERTS, Mr. 

THUNE, Mr. BINGAMAN, Mr. BAUCUS, Mr. WHITEHOUSE, Mr. TESTER, 

Ms. SNOWE, Ms. COLLINS, Ms. MURKOWSKI, Mr. UDALL of New Mexico, 

and Ms. STABENOW) introduced the following bill; which was read twice 

and referred to the Committee on Environment and Public Works 

SEPTEMBER 19, 2012 

Reported by Mrs. BOXER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To reauthorize and amend the National Fish and Wildlife 

Foundation Establishment Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Fish and 

3 Wildlife Foundation Reauthorization Act of 2011 2012’’. 

4 SEC. 2. BOARD OF DIRECTORS OF THE FOUNDATION. 

5 (a) IN GENERAL.—Section 3 of the National Fish 

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

7 3702) is amended— 

8 (1) in subsection (b)— 

9 (A) by striking paragraph (2) and insert10 ing the following: 

11 ‘‘(2) IN GENERAL.—After consulting with the 

12 Secretary of Commerce and considering the rec13 ommendations submitted by the Board, the Sec14 retary of the Interior shall appoint 28 Directors 

15 who, to the maximum extent practicable, shall— 

16 ‘‘(A) be knowledgeable and experienced in 

17 matters relating to conservation of fish, wildlife, 

18 or other natural resources; and 

19 ‘‘(B) represent a balance of expertise in 

20 ocean, coastal, freshwater, and terrestrial re21 source conservation.’’; and 

22 (B) by striking paragraph (3) and insert23 ing the following: 

24 ‘‘(3) TERMS.—Each Director (other than a Di25 rector described in paragraph (1)) shall be appointed 

26 for a term of 6 years.’’; and 


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1 (2) in subsection (g)(2)— 

2 (A) in subparagraph (A), by striking ‘‘(A) 

3 Officers and employees may not be appointed 

4 until the Foundation has sufficient funds to pay 

5 them for their service. Officers’’ and inserting 

6 the following: 

7 ‘‘(A) IN GENERAL.—Officers’’; and 

8 (B) by striking subparagraph (B) and in9 serting the following: 

10 ‘‘(B) EXECUTIVE DIRECTOR.—The Foun11 dation shall have an Executive Director who 

12 shall be— 

13 ‘‘(i) appointed by, and serve at the di14 rection of, the Board as the chief executive 

15 officer of the Foundation; and 

16 ‘‘(ii) knowledgeable and experienced in 

17 matters relating to fish and wildlife con18 servation.’’. 

19 (b) CONFORMING AMENDMENT.—Section 4(a)(1)(B) 

20 of the North American Wetlands Conservation Act (16 

21 U.S.C. 4403(a)(1)(B)) is amended by striking ‘‘Secretary 

22 of the Board’’ and inserting ‘‘Executive Director of the 

23 Board’’. 


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1 SEC. 3. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. 

2 Section 4 of the National Fish and Wildlife Founda3 tion Establishment Act (16 U.S.C. 3703) is amended— 

4 (1) in subsection (c)— 

5 (A) by striking ‘‘(c) POWERS.—To carry 

6 out its purposes under’’ and inserting the fol7 lowing: 

8 ‘‘(c) POWERS.— 

9 ‘‘(1) IN GENERAL.—To carry out the purposes 

10 described in’’; 

11 (B) by redesignating paragraphs (1) 

12 through (11) as subparagraphs (A) through 

13 (K), respectively, and indenting appropriately; 

14 (C) in subparagraph (D) (as redesignated 

15 by subparagraph (B)), by striking ‘‘that are in16 sured by an agency or instrumentality of the 

17 United States’’ and inserting ‘‘at 1 or more fi18 nancial institutions that are members of the 

19 Federal Deposit Insurance Corporation or the 

20 Securities Investment Protection Corporation’’; 

21 (D) in subparagraph (E) (as redesignated 

22 by subparagraph (B)), by striking ‘‘paragraph 

23 (3) or (4)’’ and inserting ‘‘subparagraph (C) or 

24 (D)’’; 


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1 (E) in subparagraph (J) (as redesignated 

2 by subparagraph (B)), by striking ‘‘; and’’ and 

3 inserting a semicolon; 

4 (F) by striking subparagraph (K) (as re5 designated by subparagraph (B)) and inserting 

6 the following: 

7 ‘‘(K) to receive and administer restitution 

8 and community service payments, amounts for 

9 mitigation of impacts to natural resources, and 

10 other amounts arising from legal, regulatory, or 

11 administrative proceedings, subject to the con12 dition that the amounts are received or admin13 istered for purposes that further the conserva14 tion and management of fish, wildlife, plants, 

15 and other natural resources; and 

16 ‘‘(L) to do any and all acts necessary and 

17 proper to carry out the purposes of the Founda18 tion.’’; and 

19 (G) by striking the undesignated matter at 

20 the end and inserting the following: 

21 ‘‘(2) TREATMENT OF REAL PROPERTY.— 

22 ‘‘(A) IN GENERAL.—For purposes of this 

23 Act, an interest in real property shall be treated 

24 as including easements or other rights for pres25 ervation, conservation, protection, or enhanceVerDate Mar 15 2010 00:27 Sep 20, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.RS S1494

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1 ment by and for the public of natural, scenic, 

2 historic, scientific, educational, inspirational, or 

3 recreational resources. 

4 ‘‘(B) ENCUMBERED REAL PROPERTY.—A 

5 gift, devise, or bequest may be accepted by the 

6 Foundation even though the gift, devise, or be7 quest is encumbered, restricted, or subject to 

8 beneficial interests of private persons if any 

9 current or future interest in the gift, devise, or 

10 bequest is for the benefit of the Foundation. 

11 ‘‘(3) SAVINGS CLAUSE.—The acceptance and 

12 administration of amounts by the Foundation under 

13 paragraph (1)(K) does not alter, supersede, or limit 

14 any regulatory or statutory requirement associated 

15 with those amounts.’’; 

16 (2) by striking subsections (f) and (g); and 

17 (3) by redesignating subsections (h) and (i) as 

18 subsections (f) and (g), respectively. 

19 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 10 of the National Fish and Wildlife Founda21 tion Establishment Act (16 U.S.C. 3709) is amended— 

22 (1) in subsection (a), by striking paragraph (1) 

23 and inserting the following: 


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

2 appropriated to carry out this Act for each of fiscal 

3 years 2011 through 2015— 

4 ‘‘(A) $20,000,000 to the Secretary of the 

5 Interior; 

6 years 2012 through 2017— 

7 ‘‘(A) $15,000,000 to the Secretary of the In8 terior; 

9 ‘‘(B) $5,000,000 to the Secretary of Agri10 culture; and 

11 ‘‘(C) $5,000,000 to the Secretary of Com12 merce.’’; 

13 (2) in subsection (b)— 

14 (A) by striking paragraph (1) and insert15 ing the following: 

16 ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— 

17 ‘‘(A) IN GENERAL.—In addition to the 

18 amounts authorized to be appropriated under 

19 subsection (a), the Foundation may accept Fed20 eral funds from Federal departments, agencies, 

21 or instrumentalities for use by the Foundation, 

22 subsection (a), Federal departments, agencies, or 

23 instrumentalities may provide Federal funds to 

24 the Foundation, subject to the condition that 

25 the amounts are used for purposes that further 


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1 the conservation and management of fish, wild2 life, plants, and other natural resources in ac3 cordance with this Act. 

4 ‘‘(B) ADVANCES.—Federal departments, 

5 agencies, or instrumentalities may advance 

6 amounts described in subparagraph (A) to the 

7 Foundation in a lump sum without regard to 

8 when the expenses for which the amounts are 

9 used are incurred. 

10 ‘‘(C) MANAGEMENT FEES.—The Founda11 tion may assess and collect fees for the manage12 ment of amounts received under this para13 graph.’’; 

14 (B) in paragraph (2)— 

15 (i) in the paragraph heading, by strik16 ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 

17 (ii) by striking ‘‘shall be used’’ and in18 serting ‘‘may be used’’; and 

19 (iii) by striking ‘‘and State and local 

20 government agencies’’ and inserting ‘‘, 

21 State and local government agencies, and 

22 other entities’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(3) ADMINISTRATION OF AMOUNTS.— 


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1 ‘‘(A) IN GENERAL.—In entering into con2 tracts, agreements, or other partnerships pursu3 ant to this Act, a Federal department, agency, 

4 or instrumentality shall have discretion to waive 

5 any competitive process of that department, 

6 agency, or instrumentality for entering into 

7 contracts, agreements, or partnerships with the 

8 Foundation if the purpose of the waiver is— 

9 ‘‘(i) to address an environmental 

10 emergency resulting from a natural or 

11 other disaster; or 

12 ‘‘(ii) as determined by the head of the 

13 applicable Federal department, agency, or 

14 instrumentality, to reduce administrative 

15 expenses and expedite the conservation and 

16 management of fish, wildlife, plants, and 

17 other natural resources. 

18 ‘‘(B) REPORTS.—The Foundation shall in19 clude in the annual report submitted under sec20 tion 7(b) a description of any use of the author21 ity under subparagraph (A) by a Federal de22 partment, agency, or instrumentality in that fis23 cal year.’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS OF

2 MONEY OR OTHER PROPERTY.—Any gifts, devises, or be3 quests of amounts or other property, or any other amounts 

4 or other property, transferred to, deposited with, or other5 wise in the possession of the Foundation pursuant to this 

6 Act, may be made available by the Foundation to Federal 

7 departments, agencies, or instrumentalities and may be 

8 accepted and expended (or the disposition of the amounts 

9 or property directed), without further appropriation, by 

10 those Federal departments, agencies, or instrumentalities, 

11 subject to the condition that the amounts or property be 

12 used for purposes that further the conservation and man13 agement of fish, wildlife, plants, and other natural re14 sources.’’. 

15 SEC. 5. LIMITATION ON AUTHORITY. 

16 Section 11 of the National Fish and Wildlife Founda17 tion Establishment Act (16 U.S.C. 3710) is amended by 

18 inserting ‘‘exclusive’’ before ‘‘authority’’. 


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Calendar No. 517 

112TH CONGRESS 

2D SESSION S. 1494 

[Report No. 112–215] 

A BILL 

To reauthorize and amend the National Fish and 

Wildlife Foundation Establishment Act. 

SEPTEMBER 19, 2012 

Reported with amendments 


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