II 

Calendar No. 413 

113TH CONGRESS 

2D SESSION S. 51 

[Report No. 113–183] 

To reauthorize and amend the National Fish and Wildlife Foundation 

Establishment Act. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22 (legislative day, JANUARY 3), 2013 

Mrs. BOXER (for herself, Mr. VITTER, Mr. UDALL of New Mexico, Mr. 

TESTER, Mr. BAUCUS, Mr. WHITEHOUSE, Mr. CARDIN, Mr. ROBERTS, 

Mr. COCHRAN, Ms. STABENOW, Ms. COLLINS, and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

JUNE 5, 2014 

Reported by Mrs. BOXER, without amendment 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Wildlife Foundation Reauthorization Act of 2013’’. 


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

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

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

4 3702) is amended— 

5 (1) in subsection (b)— 

6 (A) by striking paragraph (2) and insert7 ing the following: 

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

9 Secretary of Commerce and considering the rec10 ommendations submitted by the Board, the Sec11 retary of the Interior shall appoint 28 Directors 

12 who, to the maximum extent practicable, shall— 

13 ‘‘(A) be knowledgeable and experienced in 

14 matters relating to the conservation of fish, 

15 wildlife, or other natural resources; and 

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

17 ocean, coastal, freshwater, and terrestrial re18 source conservation.’’; and 

19 (B) by striking paragraph (3) and insert20 ing the following: 

21 ‘‘(3) TERMS.—Each Director (other than a Di22 rector described in paragraph (1)) shall be appointed 

23 for a term of 6 years.’’; and 

24 (2) in subsection (g)(2)— 

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

26 Officers and employees may not be appointed 


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1 until the Foundation has sufficient funds to pay 

2 them for their service. Officers’’ and inserting 

3 the following: 

4 ‘‘(A) IN GENERAL.—Officers’’; and 

5 (B) by striking subparagraph (B) and in6 serting the following: 

7 ‘‘(B) EXECUTIVE DIRECTOR.—The Foun8 dation shall have an Executive Director who 

9 shall be— 

10 ‘‘(i) appointed by, and serve at the di11 rection of, the Board as the chief executive 

12 officer of the Foundation; and 

13 ‘‘(ii) knowledgeable and experienced in 

14 matters relating to fish and wildlife con15 servation.’’. 

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

17 of the North American Wetlands Conservation Act (16 

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

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

20 Board’’. 

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

22 Section 4 of the National Fish and Wildlife Founda23 tion Establishment Act (16 U.S.C. 3703) is amended— 

24 (1) in subsection (c)— 


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

2 out its purposes under’’ and inserting the fol3 lowing: 

4 ‘‘(c) POWERS.— 

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

6 described in’’; 

7 (B) by redesignating paragraphs (1) 

8 through (11) as subparagraphs (A) through 

9 (K), respectively, and indenting appropriately; 

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

11 by subparagraph (B)), by striking ‘‘that are in12 sured by an agency or instrumentality of the 

13 United States’’ and inserting ‘‘at 1 or more fi14 nancial institutions that are members of the 

15 Federal Deposit Insurance Corporation or the 

16 Securities Investment Protection Corporation’’; 

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

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

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

20 (D)’’; 

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

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

23 inserting a semicolon; 


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1 (F) by striking subparagraph (K) (as re2 designated by subparagraph (B)) and inserting 

3 the following: 

4 ‘‘(K) to receive and administer restitution 

5 and community service payments, amounts for 

6 mitigation of impacts to natural resources, and 

7 other amounts arising from legal, regulatory, or 

8 administrative proceedings, subject to the con9 dition that the amounts are received or admin10 istered for purposes that further the conserva11 tion and management of fish, wildlife, plants, 

12 and other natural resources; and 

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

14 proper to carry out the purposes of the Founda15 tion.’’; and 

16 (G) by striking the undesignated matter at 

17 the end and inserting the following: 

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

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

20 Act, an interest in real property shall be treated 

21 as including easements or other rights for pres22 ervation, conservation, protection, or enhance23 ment by and for the public of natural, scenic, 

24 historic, scientific, educational, inspirational, or 

25 recreational resources. 


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1 ‘‘(B) ENCUMBERED REAL PROPERTY.—A 

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

3 Foundation even though the gift, devise, or be4 quest is encumbered, restricted, or subject to 

5 beneficial interests of private persons if any 

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

7 bequest is for the benefit of the Foundation. 

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

9 administration of amounts by the Foundation under 

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

11 any regulatory or statutory requirement associated 

12 with those amounts.’’; 

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

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

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

16 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 10 of the National Fish and Wildlife Founda18 tion Establishment Act (16 U.S.C. 3709) is amended— 

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

20 and inserting the following: 

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

22 appropriated to carry out this Act for each of fiscal 

23 years 2014 through 2019— 

24 ‘‘(A) $15,000,000 to the Secretary of the 

25 Interior; 


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1 ‘‘(B) $5,000,000 to the Secretary of Agri2 culture; and 

3 ‘‘(C) $5,000,000 to the Secretary of Com4 merce.’’; 

5 (2) in subsection (b)— 

6 (A) by striking paragraph (1) and insert7 ing the following: 

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

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

10 amounts authorized to be appropriated under 

11 subsection (a), Federal departments, agencies, 

12 or instrumentalities may provide Federal funds 

13 to the Foundation, subject to the condition that 

14 the amounts are used for purposes that further 

15 the conservation and management of fish, wild16 life, plants, and other natural resources in ac17 cordance with this Act. 

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

19 agencies, or instrumentalities may advance 

20 amounts described in subparagraph (A) to the 

21 Foundation in a lump sum without regard to 

22 when the expenses for which the amounts are 

23 used are incurred. 

24 ‘‘(C) MANAGEMENT FEES.—The Founda25 tion may assess and collect fees for the manageVerDate Mar 15 2010 00:15 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S51.RS S51

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1 ment of amounts received under this para2 graph.’’; 

3 (B) in paragraph (2)— 

4 (i) in the paragraph heading, by strik5 ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 

6 (ii) by striking ‘‘shall be used’’ and in7 serting ‘‘may be used’’; and 

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

9 government agencies’’ and inserting ‘‘, 

10 State and local government agencies, and 

11 other entities’’; and 

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

13 ‘‘(3) ADMINISTRATION OF AMOUNTS.— 

14 ‘‘(A) IN GENERAL.—In entering into con15 tracts, agreements, or other partnerships pursu16 ant to this Act, a Federal department, agency, 

17 or instrumentality shall have discretion to waive 

18 any competitive process of that department, 

19 agency, or instrumentality for entering into 

20 contracts, agreements, or partnerships with the 

21 Foundation if the purpose of the waiver is— 

22 ‘‘(i) to address an environmental 

23 emergency resulting from a natural or 

24 other disaster; or 


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

2 applicable Federal department, agency, or 

3 instrumentality, to reduce administrative 

4 expenses and expedite the conservation and 

5 management of fish, wildlife, plants, and 

6 other natural resources. 

7 ‘‘(B) REPORTS.—The Foundation shall in8 clude in the annual report submitted under sec9 tion 7(b) a description of any use of the author10 ity under subparagraph (A) by a Federal de11 partment, agency, or instrumentality in that fis12 cal year.’’; and 

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

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

15 MONEY OR OTHER PROPERTY.—Any gifts, devises, or be16 quests of amounts or other property, or any other amounts 

17 or other property, transferred to, deposited with, or other18 wise in the possession of the Foundation pursuant to this 

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

20 departments, agencies, or instrumentalities and may be 

21 accepted and expended (or the disposition of the amounts 

22 or property directed), without further appropriation, by 

23 those Federal departments, agencies, or instrumentalities, 

24 subject to the condition that the amounts or property be 

25 used for purposes that further the conservation and manVerDate Mar 15 2010 00:15 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S51.RS S51

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1 agement of fish, wildlife, plants, and other natural re2 sources.’’. 

3 SEC. 5. LIMITATION ON AUTHORITY. 

4 Section 11 of the National Fish and Wildlife Founda5 tion Establishment Act (16 U.S.C. 3710) is amended by 

6 inserting ‘‘exclusive’’ before ‘‘authority’’. 


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Calendar No. 413 

113TH CONGRESS 

2D SESSION S. 51 

[Report No. 113–183] 

A BILL 

To reauthorize and amend the National Fish and 

Wildlife Foundation Establishment Act. 

JUNE 5, 2014 

Reported without amendment 


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