II 

116TH CONGRESS 

1ST SESSION S. 1139 

To reauthorize and amend the National Fish and Wildlife Foundation 

Establishment Act. 

IN THE SENATE OF THE UNITED STATES 

APRIL 10, 2019 

Mr. CARDIN (for himself, Mr. CASSIDY, Mr. CARPER, Ms. STABENOW, Mr. 

WHITEHOUSE, and Mr. UDALL) 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 Reauthorization Act of 2019’’. 

6 SEC. 2. NATIONAL FISH AND WILDLIFE FOUNDATION ES7 TABLISHMENT ACT. 

8 (a) BOARD OF DIRECTORS OF FOUNDATION.— 


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1 (1) IN GENERAL.—Section 3 of the National 

2 Fish and Wildlife Foundation Establishment Act (16 

3 U.S.C. 3702) is amended— 

4 (A) in subsection (b)— 

5 (i) by striking paragraph (2) and in6 serting the following: 

7 ‘‘(2) IN GENERAL.—After consulting with the 

8 Secretary of Commerce and considering the rec9 ommendations submitted by the Board, the Sec10 retary of the Interior shall appoint 28 Directors 

11 who, to the maximum extent practicable, shall— 

12 ‘‘(A) be knowledgeable and experienced in 

13 matters relating to the conservation of fish, 

14 wildlife, or other natural resources; and 

15 ‘‘(B) represent a balance of expertise in 

16 ocean, coastal, freshwater, and terrestrial re17 source conservation.’’; and 

18 (ii) by striking paragraph (3) and in19 serting the following: 

20 ‘‘(3) TERMS.—Each Director (other than a Di21 rector described in paragraph (1)) shall be appointed 

22 for a term of 6 years.’’; and 

23 (B) in subsection (g)(2)— 

24 (i) in subparagraph (A), by striking 

25 ‘‘(A) Officers and employees may not be 


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1 appointed until the Foundation has suffi2 cient funds to pay them for their service. 

3 Officers’’ and inserting the following: 

4 ‘‘(A) IN GENERAL.—Officers’’; and 

5 (ii) by striking subparagraph (B) and 

6 inserting the following: 

7 ‘‘(B) EXECUTIVE DIRECTOR.—The Foun8 dation shall have an Executive Director who 

9 shall be— 

10 ‘‘(i) appointed by, and serve at the di11 rection of, the Board as the chief executive 

12 officer of the Foundation; and 

13 ‘‘(ii) knowledgeable and experienced in 

14 matters relating to fish and wildlife con15 servation.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 4(a)(1)(B) of the North American Wetlands Con18 servation Act (16 U.S.C. 4403(a)(1)(B)) is amended 

19 by striking ‘‘Secretary of the Board’’ and inserting 

20 ‘‘Executive Director of the Board’’. 

21 (b) RIGHTS AND OBLIGATIONS OF FOUNDATION.— 

22 Section 4 of the National Fish and Wildlife Foundation 

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

24 (1) in subsection (c)— 


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1 (A) by striking ‘‘(c) POWERS.—To carry 

2 out its purposes under’’ and inserting the fol3 lowing: 

4 ‘‘(c) POWERS.— 

5 ‘‘(1) IN GENERAL.—To carry out the purposes 

6 described in’’; 

7 (B) by redesignating paragraphs (1) 

8 through (11) as subparagraphs (A) through 

9 (K), respectively, and indenting appropriately; 

10 (C) in subparagraph (D) (as redesignated 

11 by subparagraph (B)), by striking ‘‘that are in12 sured by an agency or instrumentality of the 

13 United States’’ and inserting ‘‘at one or more 

14 financial institutions that are members of the 

15 Federal Deposit Insurance Corporation or the 

16 Securities Investment Protection Corporation’’; 

17 (D) in subparagraph (E) (as redesignated 

18 by subparagraph (B)), by striking ‘‘paragraph 

19 (3) or (4)’’ and inserting ‘‘subparagraph (C) or 

20 (D)’’; 

21 (E) in subparagraph (J) (as redesignated 

22 by subparagraph (B)), by striking ‘‘and’’ at the 

23 end; 


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1 (F) by striking subparagraph (K) (as re2 designated by subparagraph (B)) and inserting 

3 the following: 

4 ‘‘(K) to receive and administer restitution 

5 and community service payments, amounts for 

6 mitigation of impacts to natural resources, and 

7 other amounts arising from legal, regulatory, or 

8 administrative proceedings, subject to the con9 dition that the amounts are received or admin10 istered for purposes that further the conserva11 tion and management of fish, wildlife, plants, 

12 and other natural resources; and 

13 ‘‘(L) to do acts necessary to carry out the 

14 purposes of the Foundation.’’; and 

15 (G) by striking the undesignated matter at 

16 the end and inserting the following: 

17 ‘‘(2) TREATMENT OF REAL PROPERTY.— 

18 ‘‘(A) IN GENERAL.—For purposes of this 

19 Act, an interest in real property shall be treated 

20 as including easements or other rights for pres21 ervation, conservation, protection, or enhance22 ment by and for the public of natural, scenic, 

23 historic, scientific, educational, inspirational, or 

24 recreational resources. 


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1 ‘‘(B) ENCUMBERED REAL PROPERTY.—A 

2 gift, devise, or bequest may be accepted by the 

3 Foundation even though the gift, devise, or be4 quest is encumbered, restricted, or subject to 

5 beneficial interests of private persons if any 

6 current or future interest in the gift, devise, or 

7 bequest is for the benefit of the Foundation. 

8 ‘‘(3) SAVINGS CLAUSE.—The acceptance and 

9 administration of amounts by the Foundation under 

10 paragraph (1)(K) does not alter, supersede, or limit 

11 any regulatory or statutory requirement associated 

12 with those amounts.’’; 

13 (2) by striking subsections (f) and (g); and 

14 (3) by redesignating subsections (h) and (i) as 

15 subsections (f) and (g), respectively. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 10 of the National Fish and Wildlife Foundation Estab18 lishment Act (16 U.S.C. 3709) is amended— 

19 (1) in subsection (a), by striking paragraph (1) 

20 and inserting the following: 

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

22 appropriated to carry out this Act for each of fiscal 

23 years 2020 through 2024— 

24 ‘‘(A) $15,000,000 to the Secretary of the 

25 Interior; 


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1 ‘‘(B) $5,000,000 to the Secretary of Agri2 culture; and 

3 ‘‘(C) $5,000,000 to the Secretary of Com4 merce.’’; 

5 (2) in subsection (b)— 

6 (A) by striking paragraph (1) and insert7 ing the following: 

8 ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— 

9 ‘‘(A) IN GENERAL.—In addition to the 

10 amounts authorized to be appropriated under 

11 subsection (a), Federal departments, agencies, 

12 or instrumentalities are authorized to provide 

13 funds to the Foundation through Federal finan14 cial assistance grants and cooperative agree15 ments, subject to the condition that the 

16 amounts are used for purposes that further the 

17 conservation and management of fish, wildlife, 

18 plants, and other natural resources in accord19 ance with this Act. 

20 ‘‘(B) ADVANCES.—Federal departments, 

21 agencies, or instrumentalities may advance 

22 amounts described in subparagraph (A) to the 

23 Foundation in a lump sum without regard to 

24 when the expenses for which the amounts are 

25 used are incurred. 


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1 ‘‘(C) MANAGEMENT FEES.—The Founda2 tion may assess and collect fees for the manage3 ment of amounts received under this para4 graph.’’; 

5 (B) in paragraph (2)— 

6 (i) in the paragraph heading, by strik7 ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 

8 (ii) by striking ‘‘shall be used’’ and in9 serting ‘‘may be used’’; and 

10 (iii) by striking ‘‘and State and local 

11 government agencies’’ and inserting ‘‘, 

12 State and local government agencies, and 

13 other entities’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(3) ADMINISTRATION OF AMOUNTS.— 

16 ‘‘(A) IN GENERAL.—In entering into con17 tracts, agreements, or other partnerships pursu18 ant to this Act, a Federal department, agency, 

19 or instrumentality shall have discretion to waive 

20 any competitive process applicable to the de21 partment, agency, or instrumentality for enter22 ing into contracts, agreements, or partnerships 

23 with the Foundation if the purpose of the waiv24 er is— 


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1 ‘‘(i) to address an environmental 

2 emergency resulting from a natural or 

3 other disaster; or 

4 ‘‘(ii) as determined by the head of the 

5 applicable Federal department, agency, or 

6 instrumentality, to reduce administrative 

7 expenses and expedite the conservation and 

8 management of fish, wildlife, plants, and 

9 other natural resources. 

10 ‘‘(B) REPORTS.—The Foundation shall in11 clude in the annual report submitted under sec12 tion 7(b) a description of any use of the author13 ity under subparagraph (A) by a Federal de14 partment, agency, or instrumentality in that fis15 cal year.’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS OF

18 MONEY OR OTHER PROPERTY.—Any gifts, devises, or be19 quests of amounts or other property, or any other amounts 

20 or other property, transferred to, deposited with, or other21 wise in the possession of the Foundation pursuant to this 

22 Act, may be made available by the Foundation to Federal 

23 departments, agencies, or instrumentalities and may be 

24 accepted and expended (or the disposition of the amounts 

25 or property directed), without further appropriation, by 


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1 those Federal departments, agencies, or instrumentalities, 

2 subject to the condition that the amounts or property be 

3 used for purposes that further the conservation and man4 agement of fish, wildlife, plants, and other natural re5 sources.’’. 

6 (d) LIMITATION ON AUTHORITY.—Section 11 of the 

7 National Fish and Wildlife Foundation Establishment Act 

8 (16 U.S.C. 3710) is amended by inserting ‘‘exclusive’’ be9 fore ‘‘authority’’. 

Æ 


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