II

Calendar No. 440

106TH CONGRESS

2D SESSION S. 1653

[Report No. 106–230]

To reauthorize and amend the National Fish and Wildlife Foundation

Establishment Act.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 28, 1999

Mr. CHAFEE (for himself, Mr. BAUCUS, Mr. LOTT, Mr. DASCHLE, Mr. WARNER, Mr. BREAUX, Mr. CRAPO, Mr. LIEBERMAN, Mr. DOMENICI, Mr.

MOYNIHAN, Ms. COLLINS, Mr. REID, Mr. LAUTENBERG, Ms. SNOWE, Mr.

L. CHAFEE, Mr. SMITH of New Hampshire and Mr. SARBANES) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

MARCH 6, 2000

Reported by Mr. SMITH of New Hampshire, 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,
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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 1999’’.

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 and the Department of

13 Commerce to further the conservation and manage14 ment of fish, wildlife, plants, and other natural re15 sources;’’.

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

17 (a) ESTABLISHMENT AND MEMBERSHIP.—Section 3

18 of the National Fish and Wildlife Foundation Establish19 ment Act (16 U.S.C. 3702) is amended by striking sub20 section (a) and inserting the following:

21 ‘‘(a) ESTABLISHMENT AND MEMBERSHIP.—

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

23 a governing Board of Directors (referred to in this

24 Act as the ‘Board’), which shall consist of 25 Direc25 tors appointed in accordance with subsection (b),

26 each of whom shall be a United States citizen.
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1 ‘‘(2) REPRESENTATION OF DIVERSE POINTS OF

2 VIEW.—To the maximum extent practicable, the

3 membership of the Board shall represent diverse

4 points of view relating to conservation and manage5 ment of fish, wildlife, plants, and other natural re6 sources.

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

8 as a Director of the Foundation shall not constitute

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

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

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

12 National Fish and Wildlife Foundation Establishment Act

13 (16 U.S.C. 3702) is amended by striking subsection (b)

14 and inserting the following:

15 ‘‘(b) APPOINTMENT AND TERMS.—

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

17 United States Fish and Wildlife Service and the

18 Under Secretary of Commerce for Oceans and At19 mosphere shall be Directors of the Foundation.

20 ‘‘(2) APPOINTMENTS BY THE SECRETARY OF

21 THE INTERIOR.—

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), after consulting with the Secretary

24 of Commerce and considering the recommenda25 tions submitted by the Board, the Secretary of
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1 the Interior shall appoint 23 Directors who

2 meet the criteria established by subsection (a),

3 of whom—

4 ‘‘(i) at least 6 shall be educated or ex5 perienced in fish, wildlife, or other natural

6 resource conservation;

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

8 experienced in the principles of fish, wild9 life, or other natural resource manage10 ment; and

11 ‘‘(iii) at least 4 shall be educated or

12 experienced in ocean and coastal resource

13 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

10 appoint—

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

19 the maximum extent practicable, a vacancy

20 shall be filled not later than 45 calendar days

21 after 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 ‘‘(6) REQUEST FOR REMOVAL.—The Executive

8 Committee of the Board may submit to the Sec9 retary a letter describing the nonperformance of a

10 Director and requesting the removal of the Director

11 from the Board.

12 ‘‘(7) CONSULTATION BEFORE REMOVAL.—Be13 fore removing any Director from the Board, the Sec14 retary shall consult with the Secretary of Com15 merce.’’.

16 (c) TECHNICAL AMENDMENTS.—

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

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

19 3703(c)(5)) is amended by striking ‘‘Directors of the

20 Board’’ and inserting ‘‘Directors of the Founda21 tion’’.

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

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

24 amended—
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1 (A) by striking ‘‘Secretary’’ and inserting

2 ‘‘Secretary of the Interior or the Secretary of

3 Commerce’’; and

4 (B) by inserting ‘‘or the Department of

5 Commerce’’ after ‘‘Department of the Interior’’.

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

7 (a) PRINCIPAL OFFICE OF THE FOUNDATION.—Sec8 tion 4(a)(3) of the National Fish and Wildlife Foundation

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

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

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

12 borders on the District of Columbia’’.

13 (b) INVESTMENT AND DEPOSIT OF FEDERAL

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

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

16 amended—

17 (1) by redesignating paragraphs (3) through

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

19 and

20 (2) by inserting after paragraph (2) the fol21 lowing:

22 ‘‘(3) to invest any funds provided to the Foun23 dation by the Federal Government in obligations of

24 the United States or in obligations or securities that

25 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, plants, and other natural resources on

14 private land;’’.

15 (c) AGENCY APPROVAL OF ACQUISITIONS OF PROP16 ERTY.—Section 4(e)(1) of the National Fish and Wildlife

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

18 amended by striking subparagraph (B) and inserting the

19 following:

20 ‘‘(B) the Foundation notifies the Federal agen21 cy that administers the program under which the

22 funds were provided of the proposed acquisition, and

23 the agency does not object in writing to the proposed

24 acquisition within 60 calendar days after the date of

25 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 60 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 60 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, plants, and other natural re6 sources; and

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

8 be better served by use of the proceeds of the

9 conveyance for other authorized activities of the

10 Foundation.’’.

11 (g) EXPENDITURES FOR PRINTING SERVICES OR

12 CAPITAL EQUIPMENT.—Section 4 of the National Fish

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

14 3703) is amended by adding at the end the following:

15 ‘‘(h) EXPENDITURES FOR PRINTING SERVICES OR

16 CAPITAL EQUIPMENT.—The Foundation shall not make

17 any expenditure of Federal funds in connection with any

18 1 transaction for printing services or capital equipment

19 that is greater than $10,000 unless the expenditure is ap20 proved by the Federal agency that administers the Federal

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

22 SEC. 5. FUNDING.

23 Section 10 of the National Fish and Wildlife Founda24 tion Establishment Act (16 U.S.C. 3709) is amended to

25 read as follows:
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1 ‘‘SEC. 10. FUNDING.

2 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

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

4 appropriated to carry out this Act for each of fiscal

5 years 2000 through 2004—

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

7 the Interior; and

8 ‘‘(B) $10,000,000 to the Department of

9 Commerce.

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

11 The amount made available for a fiscal year under

12 paragraph (1) shall be provided to the Foundation

13 in an advance payment of the entire amount on Oc14 tober 1, or as soon as practicable thereafter, of the

15 fiscal year.

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

17 to paragraph (4), amounts made available under

18 paragraph (1) shall be provided to the Foundation

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

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

21 the Foundation by private persons and State and

22 local government agencies.

23 ‘‘(4) PROHIBITION ON USE FOR ADMINISTRA24 TIVE EXPENSES.—No Federal funds made available

25 under paragraph (1) shall be used by the Founda26 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, plants, and other nat10 ural resources in accordance with the requirements

11 of this Act.

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

13 AGENCIES.—Federal funds provided to the Founda14 tion under paragraph (1) shall be used by the Foun15 dation for matching, in whole or in part, contribu16 tions (whether in currency, services, or property)

17 made to the Foundation by private persons and

18 State and local government agencies.

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

20 LITIGATION AND LOBBYING EXPENSES.—Amounts pro21 vided as a grant by the Foundation shall not be used for—

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

23 ‘‘(2) any activity the purpose of which is to in24 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.).’’.

Calendar No. 440

106TH CONGRESS

2D SESSION S. 1653

[Report No. 106–230]

A BILL

To reauthorize and amend the National Fish and

Wildlife Foundation Establishment Act.

MARCH 6, 2000

Report without amendment