(A) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) IN GENERAL.—After consulting with the 
Secretary of Commerce and considering the rec-
ommendations submitted by the Board, the Sec-
retary of the Interior shall appoint 28 Directors 
who, to the maximum extent practicable, shall— 
‘‘(A) be knowledgeable and experienced in 
matters relating to conservation of fish, wildlife, 
or other natural resources; and 
‘‘(B) represent a balance of expertise in 
ocean, coastal, freshwater, and terrestrial re-
source conservation.’’; and 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) TERMS.—Each Director (other than a Di-
rector described in paragraph (1)) shall be appointed 
for a term of 6 years.’’; and 
(2) in subsection (g)(2)— 
(A) in subparagraph (A), by striking ‘‘(A) 
Officers and employees may not be appointed 
until the Foundation has sufficient funds to pay 
them for their service. Officers’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—Officers’’; and 
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(B) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) EXECUTIVE DIRECTOR.—The Foun-
dation shall have an Executive Director who 
shall be— 
‘‘(i) appointed by, and serve at the di-
rection of, the Board as the chief executive 
officer of the Foundation; and 
‘‘(ii) knowledgeable and experienced in 
matters relating to fish and wildlife con-
servation.’’. 
(b) CONFORMING AMENDMENT.—Section 4(a)(1)(B) 
of the North American Wetlands Conservation Act (16 
U.S.C. 4403(a)(1)(B)) is amended by striking ‘‘Secretary 
of the Board’’ and inserting ‘‘Executive Director of the 
Board’’. 
SEC. 3. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. 
Section 4 of the National Fish and Wildlife Founda-
tion Establishment Act (16 U.S.C. 3703) is amended— 
(1) in subsection (c)— 
(A) by striking ‘‘(c) POWERS.—To carry 
out its purposes under’’ and inserting the fol-
lowing: 
‘‘(c) POWERS.— 
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‘‘(1) IN GENERAL.—To carry out the purposes 
described in’’; 
(B) 
by 
redesignating 
paragraphs 
(1) 
through (11) as subparagraphs (A) through 
(K), respectively, and indenting appropriately; 
(C) in subparagraph (D) (as redesignated 
by subparagraph (B)), by striking ‘‘that are in-
sured by an agency or instrumentality of the 
United States’’ and inserting ‘‘at 1 or more fi-
nancial institutions that are members of the 
Federal Deposit Insurance Corporation or the 
Securities Investment Protection Corporation’’; 
(D) in subparagraph (E) (as redesignated 
by subparagraph (B)), by striking ‘‘paragraph 
(3) or (4)’’ and inserting ‘‘subparagraph (C) or 
(D)’’; 
(E) in subparagraph (J) (as redesignated 
by subparagraph (B)), by striking ‘‘; and’’ and 
inserting a semicolon; 
(F) by striking subparagraph (K) (as re-
designated by subparagraph (B)) and inserting 
the following: 
‘‘(K) to receive and administer restitution 
and community service payments, amounts for 
mitigation of impacts to natural resources, and 
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other amounts arising from legal, regulatory, or 
administrative proceedings, subject to the con-
dition that the amounts are received or admin-
istered for purposes that further the conserva-
tion and management of fish, wildlife, plants, 
and other natural resources; and 
‘‘(L) to do any and all acts necessary and 
proper to carry out the purposes of the Founda-
tion.’’; and 
(G) by striking the undesignated matter at 
the end and inserting the following: 
‘‘(2) TREATMENT OF REAL PROPERTY.— 
‘‘(A) IN GENERAL.—For purposes of this 
Act, an interest in real property shall be treated 
as including easements or other rights for pres-
ervation, conservation, protection, or enhance-
ment by and for the public of natural, scenic, 
historic, scientific, educational, inspirational, or 
recreational resources. 
‘‘(B) ENCUMBERED REAL PROPERTY.—A 
gift, devise, or bequest may be accepted by the 
Foundation even though the gift, devise, or be-
quest is encumbered, restricted, or subject to 
beneficial interests of private persons if any 
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current or future interest in the gift, devise, or 
bequest is for the benefit of the Foundation. 
‘‘(3) SAVINGS
CLAUSE.—The acceptance and 
administration of amounts by the Foundation under 
paragraph (1)(K) does not alter, supersede, or limit 
any regulatory or statutory requirement associated 
with those amounts.’’; 
(2) by striking subsections (f) and (g); and 
(3) by redesignating subsections (h) and (i) as 
subsections (f) and (g), respectively. 
SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 
Section 10 of the National Fish and Wildlife Founda-
tion Establishment Act (16 U.S.C. 3709) is amended— 
(1) in subsection (a), by striking paragraph (1) 
and inserting the following: 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this Act for each of fiscal 
years 2012 through 2017— 
‘‘(A) $15,000,000 to the Secretary of the 
Interior; 
‘‘(B) $5,000,000 to the Secretary of Agri-
culture; and 
‘‘(C) $5,000,000 to the Secretary of Com-
merce.’’; 
(2) in subsection (b)— 
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(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— 
‘‘(A) IN
GENERAL.—In addition to the 
amounts authorized to be appropriated under 
subsection (a), Federal departments, agencies, 
or instrumentalities may provide Federal funds 
to the Foundation, subject to the condition that 
the amounts are used for purposes that further 
the conservation and management of fish, wild-
life, plants, and other natural resources in ac-
cordance with this Act. 
‘‘(B) ADVANCES.—Federal departments, 
agencies, or instrumentalities may advance 
amounts described in subparagraph (A) to the 
Foundation in a lump sum without regard to 
when the expenses for which the amounts are 
used are incurred. 
‘‘(C) MANAGEMENT FEES.—The Founda-
tion may assess and collect fees for the manage-
ment of amounts received under this para-
graph.’’; 
(B) in paragraph (2)— 
(i) in the paragraph heading, by strik-
ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 
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‘‘(B) REPORTS.—The Foundation shall in-
clude in the annual report submitted under sec-
tion 7(b) a description of any use of the author-
ity under subparagraph (A) by a Federal de-
partment, agency, or instrumentality in that fis-
cal year.’’; and 
(3) by adding at the end the following: 
‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS OF 
MONEY OR OTHER PROPERTY.—Any gifts, devises, or be-
quests of amounts or other property, or any other amounts 
or other property, transferred to, deposited with, or other-
wise in the possession of the Foundation pursuant to this 
Act, may be made available by the Foundation to Federal 
departments, agencies, or instrumentalities and may be 
accepted and expended (or the disposition of the amounts 
or property directed), without further appropriation, by 
those Federal departments, agencies, or instrumentalities, 
subject to the condition that the amounts or property be 
used for purposes that further the conservation and man-
agement of fish, wildlife, plants, and other natural re-
sources.’’. 
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SEC. 5. LIMITATION ON AUTHORITY. 
Section 11 of the National Fish and Wildlife Founda-
tion Establishment Act (16 U.S.C. 3710) is amended by 
inserting ‘‘exclusive’’ before ‘‘authority’’. 
Æ 
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