II

106TH CONGRESS

1ST SESSION S. 1653

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, and Mr. LAUTENBERG) introduced

the following bill; which was read twice and referred to the Committee

on Environment and Public Works

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 Establishment Act Amendments of

6 1999’’.
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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 and the Department of

9 Commerce to further the conservation and manage10 ment of fish, wildlife, plants, and other natural re11 sources;’’.

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

13 (a) ESTABLISHMENT AND MEMBERSHIP.—Section 3

14 of the National Fish and Wildlife Foundation Establish15 ment Act (16 U.S.C. 3702) is amended by striking sub16 section (a) and inserting the following:

17 ‘‘(a) ESTABLISHMENT AND MEMBERSHIP.—

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

19 a governing Board of Directors (referred to in this

20 Act as the ‘Board’), which shall consist of 25 Direc21 tors appointed in accordance with subsection (b),

22 each of whom shall be a United States citizen.

23 ‘‘(2) REPRESENTATION OF DIVERSE POINTS OF

24 VIEW.—To the maximum extent practicable, the

25 membership of the Board shall represent diverse

26 points of view relating to conservation and manage-
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1 ment of fish, wildlife, plants, and other natural re2 sources.

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

8 National Fish and Wildlife Foundation Establishment Act

9 (16 U.S.C. 3702) is amended by striking subsection (b)

10 and inserting 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 At15 mosphere shall be Directors of the Foundation.

16 ‘‘(2) APPOINTMENTS BY THE SECRETARY OF

17 THE INTERIOR.—

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

20 of Commerce and considering the recommenda21 tions submitted by the Board, the Secretary of

22 the Interior shall appoint 23 Directors who

23 meet the criteria established by subsection (a),

24 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

5 experienced in the principles of fish, wild6 life, or other natural resource manage7 ment; and

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

9 experienced in ocean and coastal resource

10 conservation.

11 ‘‘(B) TRANSITION PROVISION.—

12 ‘‘(i) CONTINUATION OF TERMS.—The

13 15 Directors serving on the Board as of

14 the date of enactment of this paragraph

15 shall continue to serve until the expiration

16 of their terms.

17 ‘‘(ii) NEW DIRECTORS.—The Sec18 retary of the Interior shall appoint 8 new

19 Directors. To the maximum extent prac20 ticable, those appointments shall be made

21 not later than 45 calendar days after the

22 date of enactment of this paragraph.

23 ‘‘(3) TERMS.—

24 ‘‘(A) IN GENERAL.—Subject to subpara25 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

16 the maximum extent practicable, a vacancy

17 shall be filled not later than 45 calendar days

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

4 Committee of the Board may submit to the Sec5 retary a letter describing the nonperformance of a

6 Director and requesting the removal of the Director

7 from the Board.

8 ‘‘(7) CONSULTATION BEFORE REMOVAL.—Be9 fore removing any Director from the Board, the Sec10 retary shall consult with the Secretary of Com11 merce.’’.

12 (c) TECHNICAL AMENDMENTS.—

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

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

15 3703(c)(5)) is amended by striking ‘‘Directors of the

16 Board’’ and inserting ‘‘Directors of the Founda17 tion’’.

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

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

20 amended—

21 (A) by striking ‘‘Secretary’’ and inserting

22 ‘‘Secretary of the Interior or the Secretary of

23 Commerce’’; and

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

25 Commerce’’ 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 fol16 lowing:

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, plants, and other natural resources on

8 private land;’’.

9 (c) AGENCY APPROVAL OF ACQUISITIONS OF PROP10 ERTY.—Section 4(e)(1) of the National Fish and Wildlife

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

12 amended by striking subparagraph (B) and inserting the

13 following:

14 ‘‘(B) the Foundation notifies the Federal agen15 cy that administers the program under which the

16 funds were provided of the proposed acquisition, and

17 the agency does not object in writing to the proposed

18 acquisition within 60 calendar days after the date of

19 the notification.’’.

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

21 (16 U.S.C. 3703 note) is repealed.

22 (e) AGENCY APPROVAL OF CONVEYANCES AND

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

24 Wildlife Foundation Establishment Act (16 U.S.C.
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1 3703(e)(3)(B)) is amended by striking clause (ii) and in2 serting the following:

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

4 that administers the Federal program under which

5 the funds were provided of the proposed conveyance

6 or provision of Federal funds, and the agency does

7 not object in writing to the proposed conveyance or

8 provision of Federal funds within 60 calendar days

9 after the date of the notification.’’.

10 (f) RECONVEYANCE OF REAL PROPERTY.—Section

11 4(e) of the National Fish and Wildlife Foundation Estab12 lishment Act (16 U.S.C. 3703(e)) is amended by striking

13 paragraph (5) and inserting the following:

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

15 The Foundation shall convey at not less than fair

16 market value any real property acquired by the

17 Foundation in whole or in part with Federal funds

18 if the Foundation notifies the Federal agency that

19 administers the Federal program under which the

20 funds were provided, and the agency does not dis21 agree within 60 calendar days after the date of the

22 notification, that—

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

24 the purpose of conservation or management of
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1 fish, wildlife, plants, and other natural re2 sources; and

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

4 be better served by use of the proceeds of the

5 conveyance for other authorized activities of the

6 Foundation.’’.

7 (g) 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) is amended by adding at the end the following:

11 ‘‘(h) EXPENDITURES FOR PRINTING SERVICES OR

12 CAPITAL EQUIPMENT.—The Foundation shall not make

13 any expenditure of Federal funds in connection with any

14 1 transaction for printing services or capital equipment

15 that is greater than $10,000 unless the expenditure is ap16 proved by the Federal agency that administers the Federal

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

18 SEC. 5. FUNDING.

19 Section 10 of the National Fish and Wildlife Founda20 tion Establishment Act (16 U.S.C. 3709) is amended to

21 read as follows:

22 ‘‘SEC. 10. FUNDING.

23 ‘‘(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 2000 through 2004—

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

5 the Interior; and

6 ‘‘(B) $10,000,000 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, 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.).’’.

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