IB
Union Calendar No. 277
105TH CONGRESS
2D SESSION
H. R. 2376
[Report No. 105–483]
To reauthorize and amend the National Fish and Wildlife Foundation
Establishment Act.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 1, 1997
Mr. SAXTON (for himself and Mr. ABERCROMBIE) introduced the following
bill; which was referred to the Committee on Resources
APRIL 21, 1998
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 introduced bill, see copy of bill as introduced on August 1, 1997]
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; AMENDMENT REFERENCES.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Na-
tional Fish and Wildlife Foundation Establishment Act
Amendments of 1998’’.
(b) AMENDMENT OF NATIONAL FISH AND WILDLIFE
FOUNDATION ESTABLISHMENT ACT.—Except as otherwise
expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Na-
tional Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.).
SEC. 2. MEMBERSHIP OF BOARD OF DIRECTORS OF THE
FOUNDATION.
(a) AMENDMENTS.—Section 3 (16 U.S.C. 3702) is
amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1),
by striking ‘‘15’’ and inserting ‘‘22’’;
(B) in paragraph (1), by striking ‘‘six’’ and
inserting ‘‘4’’, and by striking ‘‘and’’ after the
semicolon at the end;
(C) in paragraph (2) by striking the period
at the end and inserting ‘‘; and’’;
(D) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) 4 of whom must be knowledgeable and expe-
rienced in ocean and coastal resource conservation.’’;
and
(E) in the material following paragraph (3)
(as so added), by striking ‘‘shall be’’ and insert-
ing ‘‘and the Under Secretary of Commerce for
Oceans and Atmosphere shall each be’’; and
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) APPOINTMENT AND TERMS.—
‘‘(1) IN GENERAL.—The Secretary of the Interior
(in this Act referred to as the ‘Secretary’) shall ap-
point the Directors of the Board, after considering
recommendations from the Board under paragraph
(4). The Secretary of the Interior shall consult with
the Under Secretary of Commerce for Oceans and At-
mosphere before appointing any Director of the
Board.
‘‘(2) TERMS.—The Directors shall be appointed
for terms of 6 years; except that the Secretary, in
making the initial appointments to the Board, shall
appoint 3 Directors to a term of 2 years, 2 Directors
to a term of 4 years, and 2 Directors to a term of
6 years. No individual may serve more than 2 con-
secutive full terms as a Director.
‘‘(3) VACANCIES.—A vacancy on the Board shall
be filled within 60 days after the occurrence of the va-
cancy. Any individual appointed to fill a vacancy oc-
curring prior to the expiration of any term of office
shall be appointed for the remainder of that term.
‘‘(4) NOMINATION OF APPOINTEES.—The Board
may recommend to the Secretary individuals to be
appointed as Directors of the Board.’’.
(b) APPLICATION.—The amendments made by sub-
section (a) shall apply to any appointment of a Director
of the Board of the National Fish and Wildlife Foundation
on or after the date of the enactment of this Act.
(c) APPOINTMENT OF ADDITIONAL MEMBERS.—
(1) NOMINATIONS.—The Board of Directors on
the National Fish and Wildlife Foundation shall sub-
mit any recommendations of individuals for appoint-
ment to positions on the Board created by the amend-
ment made by subsection (a)(1) by not later than 60
days after the date of the enactment of this Act.
(2) STAGGERED TERMS.—Of the Directors on the
Board of Directors of the National Fish and Wildlife
Foundation first appointed pursuant to the amend-
ment made by subsection (a)(1)—
(A) 3 shall be appointed to a term that ex-
pires December 31, 1999;
(B) 2 shall be appointed to a term that ex-
pires December 31, 2001; and
(C) 2 shall be appointed to a term that ex-
pires December 31, 2003,
as specified by the Secretary of the Interior at the
time of appointment.
SEC. 3. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) INVESTMENT AND DEPOSIT OF FEDERAL FUNDS.—
Section 4(c) (16 U.S.C. 3703(c)) is amended—
(1) by redesignating paragraphs (3) through (7)
in order as paragraphs (8) through (12); and
(2) by inserting after paragraph (2) the follow-
ing:
‘‘(3) to invest any funds provided to the Founda-
tion 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 provide Federal funds for the purpose of
entering into cooperative agreements with willing pri-
vate landowners for restoration and enhancement of
fish, wildlife, and other natural resources on public or
private land, or both, if such cooperative agree-
ments—
‘‘(A) provide general conservation benefits;
or
‘‘(B) benefit fish, wildlife, or other natural
resources on public land;
‘‘(7) to accept and manage funds provided by
any Federal agency under any other law when it is
in the public interest;’’.
(b) AGENCY APPROVAL OF ACQUISITIONS OF PROP-
ERTY.—Section 4(e) (16 U.S.C. 3703(e)) is amended—
(1) by amending paragraph (1)(B) to read as
follows:
‘‘(B) the Foundation notifies the Federal agency
that administers the program under which the funds
were provided of the proposed acquisition, and the
agency fails to object in writing to the proposed ac-
quisition within 60 days after the date of that notifi-
cation.’’; and
(2) in paragraph (2), by striking ‘‘the Director’’
and inserting ‘‘the head of the Federal agency that
administers the program under which the funds were
provided’’.
(c) REPEAL.—Section 304 of Public Law 102–440 (16
U.S.C. 3703 note) is repealed.
(d) AGENCY
APPROVAL
OF
CONVEYANCES
AND
GRANTS.—Section 
4(e)(3)(B)(ii) 
(16 
U.S.C.
3703(e)(3)(B)(ii)) is amended to read as follows:
‘‘(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 head of the agency
fails to object in writing to such proposed conveyance
or provision of Federal funds within 60 days after the
date of that notification.’’.
(e) RECONVEYANCE
OF REAL PROPERTY.—Section
4(e)(5) (16 U.S.C. 3703(e)(5)) is amended to read as fol-
lows:
‘‘(5) The Foundation shall convey at not less than fair
market value any real property acquired by it 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 fails to dis-
agree within 60 days after the date of that notification,
that—
‘‘(A) the property is no longer valuable for the
purposes of fish and wildlife conservation or manage-
ment; and
‘‘(B) the purposes of the Foundation would be
better served by the use of the proceeds of the convey-
ance for authorized activities of the Foundation.’’.
(f) TERMINATION OF CONDEMNATION LIMITATION; EX-
PENDITURES FOR PRINTING OR CAPITAL EQUIPMENT.—
Section 4(d) (16 U.S.C. 3703(d)) is amended to read as
follows:
‘‘(d) EXPENDITURES
FOR
PRINTING
OR
CAPITAL
EQUIPMENT.—The Foundation may not make an expendi-
ture of Federal funds for printing or capital equipment that
is greater than $10,000 unless the expenditure is approved
by the Federal agency that administers the Federal program
under which the funds were provided.’’.
SEC. 4. MATCHING REQUIREMENT.
Section 10(b)(1) (16 U.S.C. 3709(b)(1)) is amended by
striking ‘‘matching, in whole or in part,’’ and inserting
‘‘matching, on a one-to-one basis,’’.
SEC. 5. RESTRICTIONS ON USE OF GRANTS PROVIDED BY
FOUNDATION.
Section 10(b) (16 U.S.C. 3709(b)) is amended by add-
ing at the end the following:
‘‘(3)(A) Amounts provided as a grant by the Founda-
tion shall not be used for—
‘‘(i) expenses related to litigation; or
‘‘(ii) any activity the purpose of which is to in-
fluence legislation pending before the Congress.
‘‘(B) Subparagraph (A)(ii) shall not be considered to
prohibit officers or employees of the Foundation from com-
municating to Members or staff of Congress requests for leg-
islation that they consider necessary for the efficient con-
duct of the business of the Foundation or that relates to
the authority of the Foundation, appropriations for use by
the Foundation, or use of Federal funds by the Foundation.
‘‘(4) Amounts provided as a grant by the Foundation
shall not be used for any activity related to the introduction
of wolves or grizzly bears in Idaho, Montana, Utah, or
Wyoming.’’.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 10(a) (16 U.S.C. 3709(a))
is amended to read as follows:
‘‘(a) AUTHORIZATION.—There are authorized to be ap-
propriated to the Secretary of the Interior and the Secretary
of Commerce, in the aggregate, $25,000,000 for fiscal year
1999.’’.
(b) REPEAL.—Section 10(c) (16 U.S.C. 3709(c)) is
repealed.
Union Calendar No. 277
105TH CONGRESS
2D SESSION
H. R. 2376
[Report No. 105–483]
A BILL
To reauthorize and amend the National Fish and
Wildlife Foundation Establishment Act.
APRIL 21, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed