I

105TH CONGRESS

2D SESSION S. 2095

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 21, 1998

Referred to the Committee on Resources

AN ACT

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 Establishment Act Amendments of

6 1998’’.
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1 SEC. 2. PURPOSES.

2 Section 2(b) of the National Fish and Wildlife Foun3 dation Establishment Act (16 U.S.C. 3701(b)) is amended

4 by striking paragraph (1) and inserting the following:

5 ‘‘(1) to encourage, accept, and administer pri6 vate gifts of property for the benefit of, or in con7 nection with, the activities and services of the De8 partment of the Interior or the Department of Com9 merce, particularly the United States Fish and Wild10 life Service and the National Oceanic and Atmos11 pheric Administration, to further the conservation

12 and management of fish, wildlife, and plant re13 sources;’’.

14 SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

15 (a) ESTABLISHMENT AND MEMBERSHIP.—Section 3

16 of the National Fish and Wildlife Foundation Establish17 ment Act (16 U.S.C. 3702) is amended by striking sub18 section (a) and inserting the following:

19 ‘‘(a) ESTABLISHMENT AND MEMBERSHIP.—

20 ‘‘(1) IN GENERAL.—The Foundation shall have

21 a governing Board of Directors (referred to in this

22 Act as the ‘Board’), which shall consist of 25 Direc23 tors appointed in accordance with subsection (b),

24 each of whom shall be a United States citizen.

25 ‘‘(2) REPRESENTATION OF DIVERSE POINTS OF

26 VIEW.—To the maximum extent practicable, the
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1 membership of the Board shall represent diverse

2 points of view relating to conservation and manage3 ment of fish, wildlife, and plants.

4 ‘‘(3) NOT FEDERAL EMPLOYEES.—Appointment

5 as a Director of the Foundation shall not constitute

6 employment by, or the holding of an office of, the

7 United States for the purpose of any Federal law.’’.

8 (b) APPOINTMENT AND TERMS.—Section 3 of the

9 National Fish and Wildlife Foundation Establishment Act

10 (16 U.S.C. 3702) is amended by striking subsection (b)

11 and inserting the following:

12 ‘‘(b) APPOINTMENT AND TERMS.—

13 ‘‘(1) AGENCY HEADS.—The Director of the

14 United States Fish and Wildlife Service and the

15 Under Secretary of Commerce for Oceans and At16 mosphere shall be Directors of the Foundation.

17 ‘‘(2) APPOINTMENTS BY THE SECRETARY OF

18 THE INTERIOR.—

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), after consulting with the Secretary

21 of Commerce and considering the recommenda22 tions submitted by the Board, the Secretary of

23 the Interior shall appoint 23 Directors who

24 meet the criteria established by subsection (a),

25 of whom—
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1 ‘‘(i) at least 6 shall be knowledgeable

2 or experienced in fish and wildlife con3 servation;

4 ‘‘(ii) at least 4 shall be educated or

5 experienced in the principles of fish and

6 wildlife management; and

7 ‘‘(iii) at least 4 shall be knowledgeable

8 or experienced in ocean and coastal re9 source conservation.

10 ‘‘(B) TRANSITION PROVISION.—

11 ‘‘(i) CONTINUATION OF TERMS.—The

12 15 Directors serving on the Board as of

13 the date of enactment of this paragraph

14 shall continue to serve until the expiration

15 of their terms.

16 ‘‘(ii) NEW DIRECTORS.—The Sec17 retary of the Interior shall appoint 8 new

18 Directors; to the maximum extent prac19 ticable those appointments shall be made

20 not later than 45 calendar days after the

21 date of enactment of this paragraph.

22 ‘‘(3) TERMS.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), each Director (other than a Director
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1 described in paragraph (1)) shall be appointed

2 for a term of 6 years.

3 ‘‘(B) INITIAL APPOINTMENTS TO NEW

4 MEMBER POSITIONS.—Of the Directors ap5 pointed by the Secretary of the Interior under

6 paragraph (2)(B)(ii), the Secretary shall

7 appoint—

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

9 ‘‘(ii) 3 Directors for a term of 4

10 years; and

11 ‘‘(iii) 3 Directors for a term of 6

12 years.

13 ‘‘(4) VACANCIES.—

14 ‘‘(A) IN GENERAL.—The Secretary of the

15 Interior shall fill a vacancy on the Board; to the

16 maximum extent practicable the vacancy shall

17 be filled not later than 45 calendar days after

18 the occurrence of the vacancy.

19 ‘‘(B) TERM OF APPOINTMENTS TO FILL

20 UNEXPIRED TERMS.—An individual appointed

21 to fill a vacancy that occurs before the expira22 tion of the term of a Director shall be ap23 pointed for the remainder of the term.

24 ‘‘(5) REAPPOINTMENT.—An individual (other

25 than an individual described in paragraph (1)) shall
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1 not serve more than 2 consecutive terms as a Direc2 tor, excluding any term of less than 6 years.’’.

3 (c) PROCEDURAL MATTERS.—Section 3 of the Na4 tional Fish and Wildlife Foundation Establishment Act

5 (16 U.S.C. 3702) is amended by adding at the end the

6 following:

7 ‘‘(h) PROCEDURAL MATTERS.—The Federal Advi8 sory Committee Act (5 U.S.C. App.) shall not apply to

9 the Foundation.’’.

10 (d) TECHNICAL AMENDMENTS.—

11 (1) Section 4(c)(5) of the National Fish and

12 Wildlife Foundation Establishment Act (16 U.S.C.

13 3703(c)(5)) is amended by striking ‘‘Directors of the

14 Board’’ and inserting ‘‘Directors of the Founda15 tion’’.

16 (2) Section 6 of the National Fish and Wildlife

17 Foundation Establishment Act (16 U.S.C. 3705) is

18 amended by striking ‘‘Secretary’’ and inserting

19 ‘‘Secretary of the Interior or the Secretary of Com20 merce’’.

21 (3) Section 6 of the National Fish and Wildlife

22 Foundation Establishment Act (16 U.S.C. 3705) is

23 amended by inserting ‘‘or the Department of Com24 merce’’ after ‘‘Department of the Interior’’.
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1 SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

2 (a) PRINCIPAL OFFICE OF THE FOUNDATION.—Sec3 tion 4(a)(3) of the National Fish and Wildlife Foundation

4 Establishment Act (16 U.S.C. 3703(a)(3)) is amended by

5 inserting after ‘‘the District of Columbia’’ the following:

6 ‘‘or in a county in the State of Maryland or Virginia that

7 borders on the District of Columbia’’.

8 (b) INVESTMENT AND DEPOSIT OF FEDERAL

9 FUNDS.—Section 4(c) of the National Fish and Wildlife

10 Foundation Establishment Act (16 U.S.C. 3703(c)) is

11 amended—

12 (1) by redesignating paragraphs (3) through

13 (7) as paragraphs (7) through (11), respectively;

14 and

15 (2) by inserting after paragraph (2) the follow16 ing:

17 ‘‘(3) to invest any funds provided to the Foun18 dation by the Federal Government in obligations of

19 the United States or in obligations or securities that

20 are guaranteed or insured by the United States;

21 ‘‘(4) to deposit any funds provided to the Foun22 dation by the Federal Government into accounts

23 that are insured by an agency or instrumentality of

24 the United States;

25 ‘‘(5) to make use of any interest or investment

26 income that accrues as a consequence of actions
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1 taken under paragraph (3) or (4) to carry out the

2 purposes of the Foundation;

3 ‘‘(6) to use Federal funds to make payments

4 under cooperative agreements entered into with will5 ing private landowners to provide substantial long6 term benefits for the restoration or enhancement of

7 fish, wildlife, and plant resources on private land;’’.

8 (c) AGENCY APPROVAL OF ACQUISITIONS OF PROP9 ERTY.—Section 4(e)(1) of the National Fish and Wildlife

10 Foundation Establishment Act (16 U.S.C. 3703(e)(1)) is

11 amended by striking subparagraph (B) and inserting the

12 following:

13 ‘‘(B) the Foundation notifies the Federal agen14 cy that administers the program under which the

15 funds were provided of the proposed acquisition, and

16 the agency does not object in writing to the proposed

17 acquisition within 45 calendar days after the date of

18 the notification.’’.

19 (d) REPEAL.—Section 304 of Public Law 102–440

20 (16 U.S.C. 3703 note) is repealed.

21 (e) AGENCY APPROVAL OF CONVEYANCES AND

22 GRANTS.—Section 4(e)(3)(B) of the National Fish and

23 Wildlife Foundation Establishment Act (16 U.S.C.

24 3703(e)(3)(B)) is amended by striking clause (ii) and in25 serting the following:
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1 ‘‘(ii) the Foundation notifies the Federal agency

2 that administers the Federal program under which

3 the funds were provided of the proposed conveyance

4 or provision of Federal funds, and the agency does

5 not object in writing to the proposed conveyance or

6 provision of Federal funds within 45 calendar days

7 after the date of the notification.’’.

8 (f) RECONVEYANCE OF REAL PROPERTY.—Section

9 4(e) of the National Fish and Wildlife Foundation Estab10 lishment Act (16 U.S.C. 3703(e)) is amended by striking

11 paragraph (5) and inserting the following:

12 ‘‘(5) RECONVEYANCE OF REAL PROPERTY.—

13 The Foundation shall convey at not less than fair

14 market value any real property acquired by the

15 Foundation in whole or in part with Federal funds

16 if the Foundation notifies the Federal agency that

17 administers the Federal program under which the

18 funds were provided, and the agency does not dis19 agree within 45 calendar days after the date of the

20 notification, that—

21 ‘‘(A) the property is no longer valuable for

22 the purpose of conservation or management of

23 fish, wildlife, and plants; and

24 ‘‘(B) the purposes of the Foundation would

25 be better served by use of the proceeds of the
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1 conveyance for other authorized activities of the

2 Foundation.’’.

3 (g) TERMINATION OF CONDEMNATION LIMITA4 TION.—Section 4 of the National Fish and Wildlife Foun5 dation Establishment Act (16 U.S.C. 3703) is amended

6 by striking subsection (d).

7 (h) EXPENDITURES FOR PRINTING SERVICES OR

8 CAPITAL EQUIPMENT.—Section 4 of the National Fish

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

10 3703) (as amended by subsection (g)) is amended by in11 serting after subsection (c) the following:

12 ‘‘(d) EXPENDITURES FOR PRINTING SERVICES OR

13 CAPITAL EQUIPMENT.—The Foundation shall not make

14 any expenditure of Federal funds in connection with any

15 1 transaction for printing services or capital equipment

16 that is greater than $10,000 unless the expenditure is ap17 proved by the Federal agency that administers the Federal

18 program under which the funds were provided.’’.

19 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

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

22 striking subsections (a), (b), and (c) and inserting the fol23 lowing:

24 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
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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 1999 through 2003—

4 ‘‘(A) $25,000,000 to the Department of

5 the Interior; and

6 ‘‘(B) $5,000,000 to the Department of

7 Commerce.

8 ‘‘(2) REQUIREMENT OF ADVANCE PAYMENT.—

9 The amount made available for a fiscal year under

10 paragraph (1) shall be provided to the Foundation

11 in an advance payment of the entire amount on Oc12 tober 1, or as soon as practicable thereafter, of the

13 fiscal year.

14 ‘‘(3) USE OF APPROPRIATED FUNDS.—Subject

15 to paragraph (4), amounts made available under

16 paragraph (1) shall be provided to the Foundation

17 for use for matching, on a 1-to-1 basis, contributions

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

19 the Foundation by private persons and State and

20 local government agencies.

21 ‘‘(4) PROHIBITION ON USE FOR ADMINISTRA22 TIVE EXPENSES.—No Federal funds made available

23 under paragraph (1) shall be used by the Founda24 tion for administrative expenses of the Foundation,
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1 including for salaries, travel and transportation ex2 penses, and other overhead expenses.

3 ‘‘(b) ADDITIONAL AUTHORIZATION.—

4 ‘‘(1) IN GENERAL.—In addition to the amounts

5 authorized to be appropriated under subsection (a),

6 the Foundation may accept Federal funds from a

7 Federal agency under any other Federal law for use

8 by the Foundation to further the conservation and

9 management of fish, wildlife, and plant resources in

10 accordance with the requirements of this Act.

11 ‘‘(2) USE OF FUNDS ACCEPTED FROM FEDERAL

12 AGENCIES.—Federal funds provided to the Founda13 tion under paragraph (1) shall be used by the Foun14 dation for matching, in whole or in part, contribu15 tions (whether in currency, services, or property)

16 made to the Foundation by private persons and

17 State and local government agencies.

18 ‘‘(c) PROHIBITION ON USE OF GRANT AMOUNTS FOR

19 LITIGATION AND LOBBYING EXPENSES.—Amounts pro20 vided as a grant by the Foundation shall not be used for—

21 ‘‘(1) any expense related to litigation; or

22 ‘‘(2) any activity the purpose of which is to in23 fluence legislation pending before Congress.’’.
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1 SEC. 6. LIMITATION ON AUTHORITY.

2 The National Fish and Wildlife Foundation Estab3 lishment Act (16 U.S.C. 3701 et seq.) is amended by add4 ing at the end the following:

5 ‘‘SEC. 11. LIMITATION ON AUTHORITY.

6 ‘‘Nothing in this Act authorizes the Foundation to

7 perform any function the authority for which is provided

8 to the National Park Foundation by Public Law 90–209

9 (16 U.S.C. 19e et seq.).’’.

Passed the Senate October 6 (legislative day, October 2), 1998.

Attest: GARY SISCO,

Secretary.