I
105TH CONGRESS
1ST SESSION
H. R. 2376
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
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
‘‘National Fish and Wildlife Foundation Establishment
Act Amendments of 1997’’.
(b) AMENDMENT OF NATIONAL FISH AND WILDLIFE
FOUNDATION ESTABLISHMENT ACT.—Except as other-
wise expressly provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the National Fish and Wildlife Foundation Estab-
lishment 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 ‘‘four’’, 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
following:
‘‘(3) four of whom must be knowledgeable and
experienced in ocean and coastal resource conserva-
tion.’’; and
(E) in the material following paragraph (3)
(as so added), by striking ‘‘shall be’’ inserting
‘‘and the Administrator of the National Marine
Fisheries Service in the Department of Com-
merce 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 Inte-
rior (in this Act referred to as the ‘‘Secretary’’) shall
appoint 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
Atmosphere 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 vacancy. Any individual appointed to fill a va-
cancy occurring 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
submit any recommendations of individuals for ap-
pointment to positions on the Board created by the
amendment 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
amendment 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 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 provide Federal funds for the purpose
of entering into cooperative agreements with willing
private landowners for restoration and enhancement
of fish, wildlife, and other natural resources on pub-
lic or private land, or both, if such cooperative
agreements—
‘‘(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 agen-
cy 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
acquisition within 60 days after the date of that no-
tification.’’; 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 disagree within 60 days after the date of that notifica-
tion, that—
‘‘(A) the property is no longer valuable for the
purposes of fish and wildlife conservation or man-
agement; and
‘‘(B) the purposes of the Foundation would be
better served by the use of the proceeds of the con-
veyance for authorized activities of the Founda-
tion.’’.
(f) TERMINATION OF CONDEMNATION LIMITATION;
EXPENDITURES
FOR
PRINTING
OR
CAPITAL
EQUIP-
MENT.—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 ap-
proved 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 FEDERAL FUNDS.
Section 10(b) (16 U.S.C. 3709(b)) is amended by
adding at the end the following:
‘‘(3) No Federal funds authorized under this section
and provided as a grant under this Act shall be used by
the grantee for expenses related to litigation.
‘‘(4)(A) No Federal funds authorized under this sec-
tion and provided as a grant under this Act shall be used
by the grantee for any activity the purpose of which is
to influence legislation pending before the Congress.
‘‘(B) This paragraph shall not be considered to pro-
hibit officers or employees of the Foundation from com-
municating to Members or staff of Congress requests for
legislation that they consider necessary for the efficient
conduct 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 Foun-
dation.’’.
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
appropriated to the Secretary of the Interior and the Sec-
retary of Commerce, in the aggregate, $25,000,000 for
each of fiscal years 1999, 2000, and 2001.’’.
(b) REPEAL.—Section 10(c) (16 U.S.C. 3709(c)) is
repealed.
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