Calendar No. 434

105TH CONGRESS

2D SESSION S. 2095

[Report No. 105–224]

A BILL

To reauthorize and amend the National Fish and

Wildlife Foundation Establishment Act.

JUNE 25, 1998

Reported with amendments
II

Calendar No. 434

105TH CONGRESS

2D SESSION S. 2095

[Report No. 105–224]

To reauthorize and amend the National Fish and Wildlife Foundation

Establishment Act.

IN THE SENATE OF THE UNITED STATES

MAY 20, 1998

Mr. CHAFEE (for himself, Mr. KEMPTHORNE, Mr. LOTT, Mr. DASCHLE, Mr.

BAUCUS, Mr. BREAUX, Mr. GRAHAM, Mr. WYDEN, Mr. SMITH of New

Hampshire, Mr. SARBANES, Mr. WARNER, Mr. STEVENS, Ms. SNOWE,

Ms. COLLINS, Mr. BOND, Mrs. MURRAY, Mr. DOMENICI, Mr. GREGG, and

Mr. LIEBERMAN) introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

JUNE 25, 1998

Reported by Mr. CHAFEE, 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 Establishment Act Amendments of

4 1998’’.

5 SEC. 2. PURPOSES.

6 Section 2(b) of the National Fish and Wildlife Foun7 dation Establishment Act (16 U.S.C. 3701(b)) is amended

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

9 ‘‘(1) to encourage, accept, and administer pri10 vate gifts of property for the benefit of, or in con11 nection with, the activities and services of the De12 partment of the Interior or the Department of Com13 merce, particularly the United States Fish and Wild14 life Service and the National Oceanic and Atmos15 pheric Administration, to further the conservation

16 and management of fish, wildlife, and plant re17 sources;’’.

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

19 (a) ESTABLISHMENT AND MEMBERSHIP.—Section 3

20 of the National Fish and Wildlife Foundation Establish21 ment Act (16 U.S.C. 3702) is amended by striking sub22 section (a) and inserting the following:

23 ‘‘(a) ESTABLISHMENT AND MEMBERSHIP.—

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

25 a governing Board of Directors (referred to in this

26 Act as the ‘Board’), which shall consist of 25 Direc-
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1 tors appointed in accordance with subsection (b),

2 each of whom shall be a United States citizen.

3 ‘‘(2) REPRESENTATION OF DIVERSE POINTS OF

4 VIEW.—To the maximum extent practicable, the

5 membership of the Board shall represent diverse

6 points of view relating to conservation and manage7 ment of fish, wildlife, and plants.

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

9 as a Director of the Foundation shall not constitute

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

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

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

13 National Fish and Wildlife Foundation Establishment Act

14 (16 U.S.C. 3702) is amended by striking subsection (b)

15 and inserting the following:

16 ‘‘(b) APPOINTMENT AND TERMS.—

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

18 United States Fish and Wildlife Service and the

19 Under Secretary of Commerce for Oceans and At20 mosphere shall be Directors of the Foundation.

21 ‘‘(2) APPOINTMENTS BY THE SECRETARY OF

22 THE INTERIOR.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), after consulting with the Secretary

25 of Commerce and considering the recommenda-
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1 tions submitted by the Board, the Secretary of

2 the Interior shall appoint 23 Directors who

3 meet the criteria established by subsection (a),

4 of whom—

5 ‘‘(i) at least 6 shall be knowledgeable

6 or experienced in fish and wildlife con7 servation;

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

9 experienced in the principles of fish and

10 wildlife management; and

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

12 or experienced in ocean and coastal re13 source conservation.

14 ‘‘(B) TRANSITION PROVISION.—

15 ‘‘(i) CONTINUATION OF TERMS.—The

16 15 Directors serving on the Board as of

17 the date of enactment of this paragraph

18 shall continue to serve until the expiration

19 of their terms.

20 ‘‘(ii) NEW DIRECTORS.—The Sec21 retary of the Interior shall appoint 8 new

22 Directors; to the maximum extent prac23 ticable those appointments shall be made

24 not later than 45 calendar days after the

25 date of enactment of this paragraph.
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1 ‘‘(3) TERMS.—

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), each Director (other than a Director

4 described in paragraph (1)) shall be appointed

5 for a term of 6 years.

6 ‘‘(B) INITIAL APPOINTMENTS TO NEW

7 MEMBER POSITIONS.—Of the Directors ap8 pointed by the Secretary of the Interior under

9 paragraph (2)(B)(ii), the Secretary shall ap10 point—

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

12 ‘‘(ii) 3 Directors for a term of 4

13 years; and

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

15 years.

16 ‘‘(4) VACANCIES.—

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

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

19 maximum extent practicable the vacancy shall

20 be filled not later than 45 calendar days after

21 the occurrence of the vacancy.

22 ‘‘(B) TERM OF APPOINTMENTS TO FILL

23 UNEXPIRED TERMS.—An individual appointed

24 to fill a vacancy that occurs before the expira-
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1 tion of the term of a Director shall be ap2 pointed for the remainder of the term.

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

4 than an individual described in paragraph (1)) shall

5 not serve more than 2 consecutive terms as a Direc6 tor, excluding any term of less than 6 years.’’.

7 (c) PROCEDURAL MATTERS.—Section 3 of the Na8 tional Fish and Wildlife Foundation Establishment Act

9 (16 U.S.C. 3702) is amended by adding at the end the

10 following:

11 ‘‘(h) PROCEDURAL MATTERS.—The Federal Advi12 sory Committee Act (5 U.S.C. App.) shall not apply to

13 the Foundation.’’.

14 (d) TECHNICAL AMENDMENTS.—

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

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

17 3703(c)(5)) is amended by striking ‘‘Directors of the

18 Board’’ and inserting ‘‘Directors of the Founda19 tion’’.

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

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

22 amended by striking ‘‘Secretary’’ and inserting

23 ‘‘Secretary of the Interior or the Secretary of Com24 merce’’.
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1 (3) Section 6 of the National Fish and Wildlife

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

3 amended by inserting ‘‘or the Department of Com4 merce’’ after ‘‘Department of the Interior’’.

5 SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

6 (a) PRINCIPAL OFFICE OF THE FOUNDATION.—Sec7 tion 4(a)(3) of the National Fish and Wildlife Foundation

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

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

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

11 borders on the District of Columbia’’.

12 (b) INVESTMENT AND DEPOSIT OF FEDERAL

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

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

15 amended—

16 (1) by redesignating paragraphs (3) through

17 (7) as paragraphs (8) (7) through (12) (11), respec18 tively; and

19 (2) by inserting after paragraph (2) the follow20 ing:

21 ‘‘(3) to invest any funds provided to the Foun22 dation by the Federal Government in obligations of

23 the United States or in obligations or securities that

24 are guaranteed or insured by the United States;
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1 ‘‘(4) to deposit any funds provided to the Foun2 dation by the Federal Government into accounts

3 that are insured by an agency or instrumentality of

4 the United States;

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

6 income that accrues as a consequence of actions

7 taken under paragraph (3) or (4) to carry out the

8 purposes of the Foundation;

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

10 under cooperative agreements entered into with will11 ing private landowners to provide substantial long12 term benefits for the restoration or enhancement of

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

14 (c) AGENCY APPROVAL OF ACQUISITIONS OF PROP15 ERTY.—Section 4(e)(1) of the National Fish and Wildlife

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

17 amended by striking subparagraph (B) and inserting the

18 following:

19 ‘‘(B) the Foundation notifies the Federal agen20 cy that administers the program under which the

21 funds were provided of the proposed acquisition, and

22 the agency does not object in writing to the proposed

23 acquisition within 45 calendar days after the date of

24 the notification.’’.
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1 (d) REPEAL.—Section 304 of Public Law 102–440

2 (16 U.S.C. 3703 note) is repealed.

3 (e) AGENCY APPROVAL OF CONVEYANCES AND

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

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

6 3703(e)(3)(B)) is amended by striking clause (ii) and in7 serting the following:

8 ‘‘(ii) the Foundation notifies the Federal agency

9 that administers the Federal program under which

10 the funds were provided of the proposed conveyance

11 or provision of Federal funds, and the agency does

12 not object in writing to the proposed conveyance or

13 provision of Federal funds within 45 calendar days

14 after the date of the notification.’’.

15 (f) RECONVEYANCE OF REAL PROPERTY.—Section

16 4(e) of the National Fish and Wildlife Foundation Estab17 lishment Act (16 U.S.C. 3703(e)) is amended by striking

18 paragraph (5) and inserting the following:

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

20 The Foundation shall convey at not less than fair

21 market value any real property acquired by the

22 Foundation in whole or in part with Federal funds

23 if the Foundation notifies the Federal agency that

24 administers the Federal program under which the

25 funds were provided, and the agency does not dis-
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1 agree within 45 calendar days after the date of the

2 notification, that—

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

4 the purpose of conservation or management of

5 fish, wildlife, and plants; and

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

7 be better served by use of the proceeds of the

8 conveyance for other authorized activities of the

9 Foundation.’’.

10 (g) EXPENDITURES FOR PRINTING SERVICES OR

11 CAPITAL EQUIPMENT.—Section 4 of the National Fish

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

13 3703) is amended by adding at the end the following:

14 ‘‘(f) EXPENDITURES FOR PRINTING SERVICES OR

15 CAPITAL EQUIPMENT.—The Foundation shall not make

16 any expenditure of Federal funds in connection with any

17 1 transaction for printing services or capital equipment

18 that is greater than $10,000 unless the expenditure is ap19 proved by the Federal agency that administers the Federal

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

21 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

22 Section 10 of the National Fish and Wildlife Founda23 tion Establishment Act (16 U.S.C. 3709) is amended by

24 striking subsections (a), (b), and (c) and inserting the fol25 lowing:
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1 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

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

3 appropriated to carry out this Act for each of fiscal

4 years 1999 through 2003—

5 ‘‘(A) $30,000,000 to the Department of

6 the Interior; and

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

8 Commerce.

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

10 The amount made available for a fiscal year under

11 paragraph (1) shall be provided to the Foundation

12 in an advance payment of the entire amount on Oc13 tober 1, or as soon as practicable thereafter, of the

14 fiscal year.

15 ‘‘(b) ADDITIONAL AUTHORIZATION.—In addition to

16 the amounts authorized to be appropriated under sub17 section (a), the Foundation may accept Federal funds

18 from a Federal agency under any other Federal law for

19 use by the Foundation to further the conservation and

20 management of fish, wildlife, and plant resources in ac21 cordance with the requirements of this Act.

22 ‘‘(c) USE OF FEDERAL FUNDS.—

23 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

24 and (3), Federal funds provided to the Foundation

25 under this section shall be used by the Foundation
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1 for matching, in whole or in part, contributions

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

3 the Foundation by private persons and State and

4 local government agencies.

5 ‘‘(2) PROHIBITION ON USE FOR ADMINISTRA6 TIVE EXPENSES.—No Federal funds provided to the

7 Foundation under this section shall be used by the

8 Foundation to pay for administrative expenses of the

9 Foundation, including for salaries, travel and trans10 portation expenses, and other overhead expenses.

11 ‘‘(3) REQUIREMENT OF NON-FEDERAL

12 MATCH.—No Federal funds provided to the Founda13 tion under this section shall be used by the Founda14 tion to carry out a cooperative agreement under sec15 tion 4(c)(6) unless the funds are matched on at least

16 a 1-for-1 basis by non-Federal contributions to the

17 Foundation.’’. Foundation.

18 ‘‘(4) LIMITATION ON USE OF FUNDS.—No Fed19 eral funds appropriated under the authority granted

20 by this Act shall be used to support lobbying or litiga21 tion by any recipient of a Foundation grant.’’.