I
106TH CONGRESS
2D SESSION
H. R. 4010
To reauthorize and amend the National Fish and Wildlife Foundation
Establishment Act.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 2000
Mr. FALEOMAVAEGA introduced the following bill; which was referred to the
Committee on Resources
A BILL
To reauthorize and amend the National Fish and Wildlife
Foundation Establishment Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Fish and
Wildlife Foundation Establishment Act Amendments of
2000’’.
SEC. 2. PURPOSES.
Section 2(b) of the National Fish and Wildlife Foun-
dation Establishment Act (16 U.S.C. 3701(b)) is amended
by striking paragraph (1) and inserting the following:
‘‘(1) to encourage, accept, and administer pri-
vate gifts of property for the benefit of, or in con-
nection with, the activities and services of the De-
partment of the Interior and the Department of
Commerce to further the conservation and manage-
ment of fish, wildlife, plants, and other natural re-
sources;’’.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) ESTABLISHMENT AND MEMBERSHIP.—Section 3
of the National Fish and Wildlife Foundation Establish-
ment Act (16 U.S.C. 3702) is amended by striking sub-
section (a) and inserting the following:
‘‘(a) ESTABLISHMENT AND MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Foundation shall have
a governing Board of Directors (referred to in this
Act as the ‘Board’), which shall consist of 25 Direc-
tors appointed in accordance with subsection (b),
each of whom shall be a United States citizen.
‘‘(2) REPRESENTATION OF DIVERSE POINTS OF
VIEW.—To the maximum extent practicable, the
membership of the Board shall represent diverse
points of view relating to conservation and manage-
ment of fish, wildlife, plants, and other natural re-
sources.
‘‘(3) NOT FEDERAL EMPLOYEES.—Appointment
as a Director of the Foundation shall not constitute
employment by, or the holding of an office of, the
United States for the purpose of any Federal law.’’.
(b) APPOINTMENT AND TERMS.—Section 3 of the
National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3702) is amended by striking subsection (b)
and inserting the following:
‘‘(b) APPOINTMENT AND TERMS.—
‘‘(1) AGENCY
HEADS.—The Director of the
United States Fish and Wildlife Service and the
Under Secretary of Commerce for Oceans and At-
mosphere shall be Directors of the Foundation.
‘‘(2) APPOINTMENTS BY THE SECRETARY OF
THE INTERIOR.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), after consulting with the Secretary
of Commerce and considering the recommenda-
tions submitted by the Board, the Secretary of
the Interior shall appoint 23 Directors who
meet the criteria established by subsection (a),
of whom—
‘‘(i) at least 6 shall be educated or ex-
perienced in fish, wildlife, or other natural
resource conservation;
‘‘(ii) at least 4 shall be educated or
experienced in the principles of fish, wild-
life, or other natural resource manage-
ment; and
‘‘(iii) at least 4 shall be educated or
experienced in ocean and coastal resource
conservation.
‘‘(B) TRANSITION PROVISION.—
‘‘(i) CONTINUATION OF TERMS.—The
15 Directors serving on the Board as of
the date of enactment of this paragraph
shall continue to serve until the expiration
of their terms.
‘‘(ii) NEW
DIRECTORS.—The Sec-
retary of the Interior shall appoint 8 new
Directors. To the maximum extent prac-
ticable, those appointments shall be made
not later than 45 calendar days after the
date of enactment of this paragraph.
‘‘(3) TERMS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), each Director (other than a Director
described in paragraph (1)) shall be appointed
for a term of 6 years.
‘‘(B) INITIAL
APPOINTMENTS
TO
NEW
MEMBER
POSITIONS.—Of the Directors ap-
pointed by the Secretary of the Interior under
paragraph 
(2)(B)(ii), 
the 
Secretary 
shall
appoint—
‘‘(i) 2 Directors for a term of 2 years;
‘‘(ii) 3 Directors for a term of 4
years; and
‘‘(iii) 3 Directors for a term of 6
years.
‘‘(4) VACANCIES.—
‘‘(A) IN GENERAL.—The Secretary of the
Interior shall fill a vacancy on the Board. To
the maximum extent practicable, a vacancy
shall be filled not later than 45 calendar days
after the occurrence of the vacancy.
‘‘(B) TERM
OF
APPOINTMENTS
TO
FILL
UNEXPIRED
TERMS.—An individual appointed
to fill a vacancy that occurs before the expira-
tion of the term of a Director shall be ap-
pointed for the remainder of the term.
‘‘(5) REAPPOINTMENT.—An individual (other
than an individual described in paragraph (1)) shall
not serve more than 2 consecutive terms as a Direc-
tor, excluding any term of less than 6 years.
‘‘(6) REQUEST FOR REMOVAL.—The Executive
Committee of the Board may submit to the Sec-
retary a letter describing the nonperformance of a
Director and requesting the removal of the Director
from the Board.
‘‘(7) CONSULTATION
BEFORE
REMOVAL.—Be-
fore removing any Director from the Board, the Sec-
retary shall consult with the Secretary of Com-
merce.’’.
(c) TECHNICAL AMENDMENTS.—
(1) Section 4(c)(5) of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C.
3703(c)(5)) is amended by striking ‘‘Directors of the
Board’’ and inserting ‘‘Directors of the Founda-
tion’’.
(2) Section 6 of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3705) is
amended—
(A) by striking ‘‘Secretary’’ and inserting
‘‘Secretary of the Interior or the Secretary of
Commerce’’; and
(B) by inserting ‘‘or the Department of
Commerce’’ after ‘‘Department of the Interior’’.
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) PRINCIPAL OFFICE OF THE FOUNDATION.—Sec-
tion 4(a)(3) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3703(a)(3)) is amended by
inserting after ‘‘the District of Columbia’’ the following:
‘‘or in a county in the State of Maryland or Virginia that
borders on the District of Columbia’’.
(b) INVESTMENT
AND
DEPOSIT
OF
FEDERAL
FUNDS.—Section 4(c) of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3703(c)) is
amended—
(1) by redesignating paragraphs (3) through
(7) as paragraphs (7) through (11), respectively;
and
(2) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) to invest any funds provided to the Foun-
dation by the Federal Government in obligations of
the United States or in obligations or securities that
are guaranteed or insured by the United States;
‘‘(4) to deposit any funds provided to the Foun-
dation by the Federal Government into accounts
that are insured by an agency or instrumentality of
the United States;
‘‘(5) to make use of any interest or investment
income that accrues as a consequence of actions
taken under paragraph (3) or (4) to carry out the
purposes of the Foundation;
‘‘(6) to use Federal funds to make payments
under cooperative agreements entered into with will-
ing private landowners to provide substantial long-
term benefits for the restoration or enhancement of
fish, wildlife, plants, and other natural resources on
private land;’’.
(c) AGENCY APPROVAL OF ACQUISITIONS OF PROP-
ERTY.—Section 4(e)(1) of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3703(e)(1)) is
amended by striking subparagraph (B) and inserting the
following:
‘‘(B) the Foundation notifies the Federal agen-
cy that administers the program under which the
funds were provided of the proposed acquisition, and
the agency does not object in writing to the proposed
acquisition within 60 calendar days after the date of
the notification.’’.
(d) REPEAL.—Section 304 of Public Law 102–440
(16 U.S.C. 3703 note) is repealed.
(e) AGENCY
APPROVAL
OF
CONVEYANCES
AND
GRANTS.—Section 4(e)(3)(B) of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C.
3703(e)(3)(B)) is amended by striking clause (ii) and in-
serting the following:
‘‘(ii) the Foundation notifies the Federal agency
that administers the Federal program under which
the funds were provided of the proposed conveyance
or provision of Federal funds, and the agency does
not object in writing to the proposed conveyance or
provision of Federal funds within 60 calendar days
after the date of the notification.’’.
(f) RECONVEYANCE OF REAL PROPERTY.—Section
4(e) of the National Fish and Wildlife Foundation Estab-
lishment Act (16 U.S.C. 3703(e)) is amended by striking
paragraph (5) and inserting the following:
‘‘(5) RECONVEYANCE
OF
REAL
PROPERTY.—
The Foundation shall convey at not less than fair
market value any real property acquired by the
Foundation in whole or in part with Federal funds
if the Foundation notifies the Federal agency that
administers the Federal program under which the
funds were provided, and the agency does not dis-
agree within 60 calendar days after the date of the
notification, that—
‘‘(A) the property is no longer valuable for
the purpose of conservation or management of
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to carry out this Act for each of fiscal
years 2001 through 2006—
‘‘(A) $30,000,000 to the Department of
the Interior; and
‘‘(B) $10,000,000 to the Department of
Commerce.
‘‘(2) REQUIREMENT OF ADVANCE PAYMENT.—
The amount made available for a fiscal year under
paragraph (1), and any other amounts provided to
the Foundation for a fiscal year by the Department
of Commerce or the Department of the Interior,
shall be provided to the Foundation in an advance
payment of the entire amount on October 1, or as
soon as practicable thereafter, of the fiscal year.
‘‘(3) USE OF APPROPRIATED FUNDS.—Subject
to paragraph (4), amounts made available under
paragraph (1) shall be provided to the Foundation
for use for matching, on a 1-to-1 basis, contributions
(whether in currency, services, or property) made to
the Foundation by private persons and State and
local government agencies.
‘‘(4) PROHIBITION ON USE FOR ADMINISTRA-
TIVE EXPENSES.—No Federal funds made available
under paragraph (1) shall be used by the Founda-
tion for administrative expenses of the Foundation,
including for salaries, travel and transportation ex-
penses, and other overhead expenses.
‘‘(b) ADDITIONAL AUTHORIZATION.—
‘‘(1) IN GENERAL.—In addition to the amounts
authorized to be appropriated under subsection (a),
the Foundation may accept Federal funds from a
Federal agency under any other Federal law for use
by the Foundation to further the conservation and
management of fish, wildlife, plants, and other nat-
ural resources in accordance with the requirements
of this Act.
‘‘(2) USE OF FUNDS ACCEPTED FROM FEDERAL
AGENCIES.—Federal funds provided to the Founda-
tion under paragraph (1) shall be used by the Foun-
dation for matching, in whole or in part, contribu-
tions (whether in currency, services, or property)
made to the Foundation by private persons and
State and local government agencies.
‘‘(c) PROHIBITION ON USE OF GRANT AMOUNTS FOR
LITIGATION AND LOBBYING EXPENSES.—Amounts pro-
vided as a grant by the Foundation shall not be used for—
‘‘(1) any expense related to litigation; or
‘‘(2) any activity the purpose of which is to in-
fluence legislation pending before Congress.’’.
SEC. 6. LIMITATION ON AUTHORITY.
The National Fish and Wildlife Foundation Estab-
lishment Act (16 U.S.C. 3701 et seq.) is amended by add-
ing at the end the following:
‘‘SEC. 11. LIMITATION ON AUTHORITY.
‘‘Nothing in this Act authorizes the Foundation to
perform any function the authority for which is provided
to the National Park Foundation by Public Law 90–209
(16 U.S.C. 19e et seq.).’’.
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