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Union Calendar No. 546

106TH CONGRESS

2D SESSION S. 1653

[Report No. 106–911]

IN THE HOUSE OF REPRESENTATIVES

MARCH 13, 2000

Referred to the Committee on Resources

SEPTEMBER 28, 2000

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of Senate passed bill, see copy of bill as referred in the House of Representatives

on March 13, 2000]

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 Wild5 life Foundation Establishment Act Amendments of 2000’’.
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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 connec7 tion with, the activities and services of the United

8 States Fish and Wildlife Service and the National

9 Oceanic and Atmospheric Administration, to further

10 the conservation and management of fish, wildlife,

11 plants, and other natural resources;’’.

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

13 (a) ESTABLISHMENT AND MEMBERSHIP.—Section 3 of

14 the National Fish and Wildlife Foundation Establishment

15 Act (16 U.S.C. 3702) is amended by striking subsection (a)

16 and inserting the following:

17 ‘‘(a) ESTABLISHMENT AND MEMBERSHIP.—

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

19 governing Board of Directors (referred to in this Act

20 as the ‘Board’), which shall consist of 25 Directors

21 appointed in accordance with subsection (b), each of

22 whom shall be a United States citizen.

23 ‘‘(2) REPRESENTATION OF DIVERSE POINTS OF

24 VIEW.—To the maximum extent practicable, the mem25 bership of the Board shall represent diverse points of
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1 view relating to conservation and management of fish,

2 wildlife, plants, and other natural resources.

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

4 as a Director of the Foundation shall not constitute

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

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

7 (b) APPOINTMENT AND TERMS.—Section 3 of the Na8 tional Fish and Wildlife Foundation Establishment Act (16

9 U.S.C. 3702) is amended by striking subsection (b) and in10 serting the following:

11 ‘‘(b) APPOINTMENT AND TERMS.—

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

13 United States Fish and Wildlife Service and the

14 Under Secretary of Commerce for Oceans and Atmos15 phere shall be Directors of the Foundation.

16 ‘‘(2) APPOINTMENTS BY THE SECRETARY OF THE

17 INTERIOR.—

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B), after consulting with the Secretary of

20 Commerce and considering the recommendations

21 submitted by the Board, the Secretary of the In22 terior shall appoint 23 Directors who meet the

23 criteria established by subsection (a), of whom—
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1 ‘‘(i) at least 6 shall be educated or ex2 perienced in fish, wildlife, or other natural

3 resource conservation;

4 ‘‘(ii) at least 4 shall be educated or ex5 perienced in the principles of fish, wildlife,

6 or other natural resource management; and

7 ‘‘(iii) at least 4 shall be educated or ex8 perienced in ocean and coastal resource con9 servation.

10 ‘‘(B) TRANSITION PROVISION.—

11 ‘‘(i) CONTINUATION OF TERMS.—The

12 15 Directors serving on the Board as of the

13 date of enactment of this paragraph shall

14 continue to serve until the expiration of

15 their terms.

16 ‘‘(ii) NEW DIRECTORS.—The Secretary

17 of the Interior shall appoint 8 new Direc18 tors; to the maximum extent practicable

19 those appointments shall be made not later

20 than 45 calendar days after the date of en21 actment 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 MEM4 BER POSITIONS.—Of the Directors appointed by

5 the Secretary of the Interior under paragraph

6 (2)(B)(ii), the Secretary shall appoint—

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

8 ‘‘(ii) 3 Directors for a term of 4 years;

9 and

10 ‘‘(iii) 3 Directors for a term of 6 years.

11 ‘‘(4) VACANCIES.—

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

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

14 maximum extent practicable the vacancy shall be

15 filled not later than 45 calendar days after the

16 occurrence of the vacancy.

17 ‘‘(B) TERM OF APPOINTMENTS TO FILL UN18 EXPIRED TERMS.—An individual appointed to

19 fill a vacancy that occurs before the expiration

20 of the term of a Director shall be appointed for

21 the remainder of the term.

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

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

24 not serve more than 2 consecutive terms as a Director,

25 excluding any term of less than 6 years.
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1 ‘‘(6) REQUEST FOR REMOVAL.—The executive

2 committee of the Board may submit to the Secretary

3 a letter describing the nonperformance of a Director

4 and requesting the removal of the Director from the

5 Board.

6 ‘‘(7) CONSULTATION BEFORE REMOVAL.—Before

7 removing any Director from the Board, the Secretary

8 shall consult with the Secretary of Commerce.’’.

9 (c) TECHNICAL AMENDMENTS.—

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

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

12 3703(c)(5)) is amended by striking ‘‘Directors of the

13 Board’’ and inserting ‘‘Directors of the Foundation’’.

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

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

16 amended by striking ‘‘Secretary’’ and inserting ‘‘Sec17 retary of the Interior or the Secretary of Commerce’’.

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

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

20 amended by inserting ‘‘or the Department of Com21 merce’’ after ‘‘Department of the Interior’’.

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

23 (a) PRINCIPAL OFFICE OF THE FOUNDATION.—Section

24 4(a)(3) of the National Fish and Wildlife Foundation Es25 tablishment Act (16 U.S.C. 3703(a)(3)) is amended by in-
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1 serting after ‘‘the District of Columbia’’ the following: ‘‘or

2 in a county in the State of Maryland or Virginia that bor3 ders on the District of Columbia’’.

4 (b) INVESTMENT AND DEPOSIT OF FEDERAL FUNDS.—

5 Section 4(c) of the National Fish and Wildlife Foundation

6 Establishment Act (16 U.S.C. 3703(c)) is amended—

7 (1) by redesignating paragraphs (3) through (7)

8 as paragraphs (7) through (11), respectively; and

9 (2) by inserting after paragraph (2) the fol10 lowing:

11 ‘‘(3) to invest any funds provided to the Founda12 tion by the Federal Government in obligations of the

13 United States or in obligations or securities that are

14 guaranteed or insured by the United States;

15 ‘‘(4) to deposit any funds provided to the Foun16 dation by the Federal Government into accounts that

17 are insured by an agency or instrumentality of the

18 United States;

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

20 income that accrues as a consequence of actions taken

21 under paragraph (3) or (4) to carry out the purposes

22 of the Foundation;

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

24 under cooperative agreements entered into with will25 ing private landowners to provide substantial long-
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1 term benefits for the restoration or enhancement of

2 fish, wildlife, plants, and other natural resources on

3 private land;’’.

4 (c) AGENCY APPROVAL OF ACQUISITIONS OF PROP5 ERTY.—Section 4(e)(1) of the National Fish and Wildlife

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

7 amended by striking subparagraph (B) and inserting the

8 following:

9 ‘‘(B) the Foundation notifies the Federal agency

10 that administers the program under which the funds

11 were provided of the proposed acquisition, and the

12 agency does not object in writing to the proposed ac13 quisition within 60 calendar days after the date of the

14 notification.’’.

15 (d) REPEAL.—Section 304 of Public Law 102–440 (16

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

17 (e) AGENCY APPROVAL OF CONVEYANCES AND

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

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

20 3703(e)(3)(B)) is amended by striking clause (ii) and in21 serting the following:

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

23 that administers the Federal program under which

24 the funds were provided of the proposed conveyance or

25 provision of Federal funds, and the agency does not
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1 object in writing to the proposed conveyance or provi2 sion of Federal funds within 60 calendar days after

3 the date of the notification.’’.

4 (f) RECONVEYANCE OF REAL PROPERTY.—Section 4(e)

5 of the National Fish and Wildlife Foundation Establish6 ment Act (16 U.S.C. 3703(e)) is amended by striking para7 graph (5) and inserting the following:

8 ‘‘(5) RECONVEYANCE OF REAL PROPERTY.—The

9 Foundation shall convey at not less than fair market

10 value any real property acquired by the Foundation

11 in whole or in part with Federal funds if the Founda12 tion notifies the Federal agency that administers the

13 Federal program under which the funds were pro14 vided, and the agency does not disagree within 60 cal15 endar days after the date of the notification, that—

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

17 the purpose of conservation or management of

18 fish, wildlife, plants, and other natural resources;

19 and

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

21 be better served by use of the proceeds of the con22 veyance for other authorized activities of the

23 Foundation.’’.

24 (g) EXPENDITURES FOR PRINTING SERVICES OR CAP25 ITAL EQUIPMENT.—Section 4 of the National Fish and
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1 Wildlife Foundation Establishment Act (16 U.S.C. 3703)

2 is amended by adding at the end the following:

3 ‘‘(h) EXPENDITURES FOR PRINTING SERVICES OR

4 CAPITAL EQUIPMENT.—The Foundation shall not make

5 any expenditure of Federal funds in connection with any

6 1 transaction for printing services or capital equipment

7 that is greater than $10,000 unless the expenditure is ap8 proved by the Federal agency that administers the Federal

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

10 SEC. 5. ANNUAL REPORTING OF GRANT DETAILS.

11 Section 7(b) of the National Fish and Wildlife Foun12 dation Establishment Act (16 U.S.C. 3706(b)) is

13 amended—

14 (1) by striking ‘‘Congress’’ and inserting ‘‘the

15 Committee on Resources of the House of Representa16 tives and the Committee on Environment and Public

17 Works of the Senate’’; and

18 (2) by adding at the end the following: ‘‘The re19 port shall include a detailed statement of the recipi20 ent, amount, and purpose of each grant made by the

21 Foundation in the fiscal year.’’.

22 SEC. 6. NOTICE OF GRANTS TO MEMBERS OF CONGRESS.

23 Section 4 of the National Fish and Wildlife Founda24 tion Establishment Act (16 U.S.C. 3703) is further amend25 ed by adding at the end the following:
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1 ‘‘(i) NOTICE OF GRANTS TO MEMBERS OF CON2 GRESS.—The Foundation may not make a grant of funds

3 unless, by not later than 60 days before the grant is made,

4 the Foundation provides notice of the grant to the Member

5 of Congress for the congressional district in which the

6 project to be funded with the grant will be conducted.’’.

7 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

8 Section 10 of the National Fish and Wildlife Founda9 tion Establishment Act (16 U.S.C. 3709) is amended by

10 striking subsections (a), (b), and (c) and inserting the fol11 lowing:

12 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

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

14 appropriated to carry out this Act for each of fiscal

15 years 2001 and 2002—

16 ‘‘(A) $20,000,000 to the Department of the

17 Interior; and

18 ‘‘(B) $5,000,000 to the Department of Com19 merce.

20 ‘‘(2) REQUIREMENT OF ADVANCE PAYMENT.—The

21 amount made available for a fiscal year under para22 graph (1) shall be provided to the Foundation in an

23 advance payment of the entire amount on October 1,

24 or as soon as practicable thereafter, of the fiscal year.
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1 ‘‘(3) USE OF APPROPRIATED FUNDS.—Subject to

2 paragraph (4), amounts made available under para3 graph (1) shall be provided to the Foundation for use

4 for matching, on a 1-to-1 basis, contributions (wheth5 er in currency, services, or property) made to the

6 Foundation by private persons and State and local

7 government agencies.

8 ‘‘(4) PROHIBITION ON USE FOR ADMINISTRATIVE

9 EXPENSES.—No Federal funds made available under

10 paragraph (1) shall be used by the Foundation for

11 administrative expenses of the Foundation, including

12 for salaries, travel and transportation expenses, and

13 other overhead expenses.

14 ‘‘(b) ADDITIONAL AUTHORIZATION.—

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

16 authorized to be appropriated under subsection (a),

17 the Foundation may accept Federal funds from a

18 Federal agency under any other Federal law for use

19 by the Foundation to further the conservation and

20 management of fish, wildlife, plants, and other nat21 ural resources in accordance with the requirements of

22 this Act.

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

24 AGENCIES.—Federal funds provided to the Founda25 tion under paragraph (1) shall be used by the Foun-
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1 dation for matching, in whole or in part, contribu2 tions (whether in currency, services, or property)

3 made to the Foundation by private persons and State

4 and local government agencies.

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

6 LITIGATION AND LOBBYING EXPENSES.—Amounts provided

7 as a grant by the Foundation shall not be used for—

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

9 ‘‘(2) any activity the purpose of which is to in10 fluence legislation pending before Congress.’’.

11 SEC. 8. LIMITATION ON AUTHORITY.

12 The National Fish and Wildlife Foundation Establish13 ment Act (16 U.S.C. 3701 et seq.) is amended by adding

14 at the end the following:

15 ‘‘SEC. 11. LIMITATION ON AUTHORITY.

16 ‘‘Nothing in this Act authorizes the Foundation to per17 form any function the authority for which is provided to

18 the National Park Foundation by Public Law 90–209 (16

19 U.S.C. 19e et seq.).’’.

20 SEC. 9. PROHIBITION ON USE OF GRANT AMOUNTS FOR IN21 TRODUCTION OF WOLVES OR GRIZZLY BEARS.

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

24 adding at the end the following:
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1 ‘‘(d) PROHIBITION ON USE OF GRANT AMOUNTS FOR

2 INTRODUCTION OF WOLVES OR GRIZZLY BEARS.—Amounts

3 provided as a grant by the Foundation shall not be used

4 for any activity related to the introduction of wolves or griz5 zly bears in Idaho, Montana, Utah, or Wyoming.’’.

Union Calendar No. 546

106TH CONGRESS

2D SESSION S. 1653

[Report No. 106–911]

AN ACT

To reauthorize and amend the National Fish and

Wildlife Foundation Establishment Act.

SEPTEMBER 28, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed