Fish and Wildlife Programs Improvement and National Wildlife Refuge System Centennial Act of 2000
PL 106-408 (H.R.3671), enacted 11/01/2000

114 STAT. 1762 
PUBLIC LAW 106-408—NOV. 1, 2000 
Public Law 106-408 
106th Congress 
An Act 
Nov. 1, 2000 
[H.R. 3671] 
Fish and Wildlife 
Programs 
Improvement 
and National 
Wildlife Refuge 
System 
Centennial Act of 
2000. 
16 u s e 669 note. 
To amend the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson 
Sport Fish Restoration Act to enhance the funds available for grants to States 
for fish and wildlife conservation projects, to reauthorize and amend the National 
Fish and Wildlife Foundation Establishment Act, to commemorate the centennial 
of the establishment of the first national wildlife refuge in the United States 
on March 14, 1903, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Fish and 
Wildlife Programs Improvement and Nationsd Wildlife Refuge 
System Centennial Act of 2000". 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
T I T L E I — W I L D L I F E A N D SPORT FISH RESTORATION PROGRAMS 
Sec. 101. Short titles. 
Subtitle A—^Wildlife Restoration 
Sec. 111. Expenses for administration. 
Sec. 112. Firearm and bow hunter education and safety program grants. 
Sec. 113. Multistate conservation grant program. 
Sec. 114. Miscellaneous provision. 
Subtitle B—Sport Fish Restoration 
Sec. 121. Expenses for administration. 
Sec. 122. Multistate conservation grant program. 
Sec. 123. Funding of the Coastal Wetlands Planning, Protection and Restoration 
Act. 
Sec. 124. Period of availability. 
Sec. 125. Miscellaneous provision. 
Sec. 126. Conforming amendment. 
Subtitle C—^Wildlife and Sport Fish Restoration Programs 
Sec. 131. Designation of programs. 
Sec. 132. Assistant Director for Wildlife and Sport Fish Restoration Programs. 
Sec. 133. Reports and certifications. 
TITLE II—NATIONAL FISH AND WILDLIFE FOUNDATION 
Sec. 201. Short title. 
Sec. 202. Purposes. 
Sec. 203. Board of Directors of the Foundation. 
Sec. 204. Rights and obligations of the Foundation. 
Sec. 205. Annual reporting of grant details. 
Sec. 206. Notice to Members of Congress. 
Sec. 207. Authorization of appropriations. 
Sec. 208. Limitation on authority. 
TITLE III—NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL 
Sec. 301. Short title. 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1763 
Sec. 302. Findings and purposes. 
Sec. 303. National Wildlife Refuge System Centennial Commission. 
Sec. 304. Long-term planning and annual reporting requirements regarding the 
operation and maintenance backlog. 
Sec. 305. Year of the National Wildlife Refuge. 
Sec. 306. Authorization of appropriations. 
Sec. 307. Effective date. 
TITLE I—WILDLIFE AND SPORT FISH 
RESTORATION PROGRAMS 
SEC. 101. SHORT TITLES. 
(a) THIS TITLE.—This title may be cited as the "WildUfe and 
Sport Fish Restoration Programs Improvement Act of 2000". 
(b) PiTTMAN-ROBERTSON WILDLIFE RESTORATION ACT.—The Act 
of September 2, 1937 (16 U.S.C. 669 et seq.), is amended by adding 
at the end the following: 
"SEC. 13. SHORT TITLE. 
"This Act may be cited as the 'Pittman-Robertson Wildlife Res-
toration Act'.". 
(c) DiNGELL-JOHNSON SPORT FiSH RESTORATION ACT.—^The Act 
of August 9, 1950 (16 U.S.C. 777 et seq.), is amended by adding 
at the end the following: 
"SEC. 15. SHORT TITLE. 
"This Act may be cited as the 'Dingell-Johnson Sport Fish 
Restoration Act'.". 
Subtitle A—Wildlife Restoration 
Wildlife and 
Sport, Fish 
Restciration 
Progiams 
Improvement Act 
of 2000. 
16 u s e 669 note. 
16 u s e 669 note. 
16 u s e 777 note. 
SEC. 111. EXPENSES FOR ADMINISTRATION. 
(a) SET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE PITT-
MAN-ROBERTSON WILDLIFE RESTORATION ACT.—Section 4 of the Pitt-
man-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is 
amended— 
(1) by redesignating subsection (b) as subsection (c); 
(2) by striking "SEC. 4." and all that follows through the 
end of the first sentence of subsection (a) and inserting the 
following: 
"SEC. 4. A L L O C A T I O N AND APPORTIONMENT OF AVAILABLE AMOUNTS. 
"(a) 
SET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE 
PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.— 
"(1) IN GENERAL.— 
"(A) SET-ASIDE.—For fiscal year 2001 and each fiscal 
year thereafter, of the revenues (excluding interest accruing 
under section 3(b)) covered into the fund for the fiscal 
year, the Secretary of the Interior may use not more than 
the available amount specified in subparagraph (B) for 
the fiscal year for expenses for administration incurred 
in implementation of this Act, in accordance with this 
subsection and section 9. 
"(B) 
AVAILABLE AMOUNTS.—The available 
amount 
referred to in subparagraph (A) is— 
"(i) for each of fiscal years 2001 and 2002, 
$9,000,000; 
114 STAT. 1764 
PUBLIC LAW 106-408—NOV. 1, 2000 
"(ii) for fiscal year 2003, $8,212,000; and 
"(iii) for fiscal year 2004 and each fiscal year there-
after, the sxim of— 
"(I) the available amount for the preceding 
fiscal year; gind 
"(II) the amount determined by multiplying— 
"(aa) the available amount for the pre-
ceding fiscal year; and 
"(bb) the change, relative to the preceding 
fiscal year, in the Consumer Price Index for 
All Urban 
Consumers 
published 
by 
the 
Department of Labor. 
"(2) 
PERIOD OF AVAILABILITY; APPORTIONMENT OF UNOBLI-
GATED AMOUNTS.— 
"(A) PERIOD OF AVAILABILITY.—For each fiscal year, 
the available amount under paragraph (1) shall remain 
available for obligation for use under that paragraph until 
the end of the fiscal year. 
Deadline. 
"(B) APPORTIONMENT OF UNOBLIGATED AMOUNTS.—Not 
later than 60 days after the end of a fiscal year, the 
Secretary of the Interior shall apportion among the States 
any of the available amount under paragraph (1) that 
remains unobligated at the end of the fiscal year, on the 
same basis and in the same manner as other amounts 
made available under this Act are apportioned among the 
States for the fiscal year. 
"(b) APPORTIONMENT TO STATES.—"; 
(3) in subsection (b) (as designated by paragraph (2)), by 
striking "after making the aforesaid deduction, shall apportion, 
except as provided in subsection (b) of this section," and 
inserting "sifter deducting the available amount under sub-
section (a), the amount apportioned under subsection (c), any 
amount apportioned imder section 8A, and amounts provided 
as grants under sections 10 and 11, shall apportion"; and 
(4) in the first sentence of subsection (c) (as redesignated 
by paragraph (1)), by inserting "Puerto Rico," after "American 
Samoa,". 
(b) 
REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF 
AMOUNTS FOR EXPENSES FOR ADMINISTRATION.—Section 9 of the 
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h) is 
amended to read as follows: 
"SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF 
AMOUNTS FOR EXPENSES FOR ADMINISTRATION. 
"(a) AUTHORIZED EXPENSES FOR ADMINISTRATION.—Except as 
provided in subsection (b), the Secretary of the Interior may use 
available amounts under section 4(a)(1) only for expenses for 
administration that directly support the implementation of this 
Act that consist of— 
"(1) personnel costs of employees who directly administer 
this Act on a fiiU-time basis; 
"(2) personnel costs of employees who directly administer 
this Act on a part-time basis for at least 20 hours each week, 
not to exceed the portion of those costs incurred with respect 
to the work hours of the employee during which the employee 
directly administers this Act, as those hours are certified by 
the supervisor of the employee; 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1765 
"(3) support costs directly associated with personnel costs 
authorized under paragraphs (1) and (2), excluding costs associ-
ated with staffing and operation of regional offices of the United 
States Fish and Wildlife Service and the Department of the 
Interior other than for the purposes of this Act; 
"(4) costs of determining under section 6(a) whether State 
comprehensive plans and projects are substantial in character 
and design; 
"(5) overhead costs, including the costs of general adminis-
trative services, that are directly attributable to administration 
of this Act and are based on— 
"(A) actual costs, as determined by a direct cost alloca-
tion methodology approved by the Director of the Office 
of Management and Budget for use by Federal agencies; 
and 
"(B) in the case of costs that are not determinable 
under subparagraph (A), an amount per full-time equiva-
lent employee authorized under paragraphs (1) and (2) 
that does not exceed the amount charged or assessed for 
costs per full-time equivalent employee for any other divi-
sion or program of the United States Fish and Wildlife 
Service; 
"(6) costs incurred in auditing, every 5 years, the wildlife 
and sport fish activities of each State fish and game department 
and the use of funds under section 6 by each State fish and 
game department; 
"(7) costs of audits under subsection (d); 
"(8) costs of necessary training of Federal and State full-
time personnel who administer this Act to improve administra-
tion of this Act; 
"(9) costs of travel to States, territories, and Canada by 
personnel who— 
"(A) administer this Act on a full-time basis for pur-
poses directly related to administration of State programs 
or projects; or 
"(B) administer grants under section 6, 10, or 11; 
"(10) costs of travel outside the United States (except travel 
to Canada), by personnel who administer this Act on a full-
time basis, for purposes that directly relate to administration 
of this Act and that are approved directly by the Assistant 
Secretary for Fish and Wildlife and Parks; 
"(11) relocation expenses for personnel who, after reloca-
tion, will administer this Act on a full-time basis for at least 
1 year, as certified by the Director of the United States Fish 
and Wildlife Service at the time at which the relocation 
expenses are incurred; and 
"(12) costs to audit, evaluate, approve, disapprove, and 
advise concerning grants under sections 6, 10, and 11. 
"(b) REPORTING OF OTHER USES.— 
"(1) IN GENERAL.—Subject to paragraph (2), if the Secretary 
of the Interior determines that available amounts under section 
4(a)(1) should be used for an expense for administration other 
than an expense for administration described in subsection 
(a), the Secretary— 
"(A) shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on 
Resources of the House of Representatives a report 
114 STAT. 1766 
PUBLIC LAW 106-408—NOV. 1, 2000 
describing the expense for administration and stating the 
amount of the expense; and 
"(B) may use any such available amounts for the 
expense for administration only after the end of the 30-
day period beginning on the date of submission of the 
report under subparagraph (A). 
"(2) MAXIMUM AMOUNT.—For any fiscal year, the Secretary 
of the Interior may use under paragraph (1) not more than 
$25,000. 
"(c) RESTRICTION ON USE TO SUPPLEMENT GENERAL APPROPRIA-
TIONS.—The Secretary of the Interior shall not use available 
amounts under subsection (b) to supplement the funding of any 
function for which general appropriations are made for the United 
States Fish and Wildlife Service or any other entity of the Depart-
ment of the Interior. 
"(d) AUDIT REQUIREMENT.— 
"(1) IN GENERAL.—The Inspector General of the Department 
of the Interior shall procure the performance of biennial audits, 
in accordance with generally accepted accounting principles, 
of expenditures and obligations of amounts used by the Sec-
retary of the Interior for expenses for administration incurred 
in implementation of this Act. 
"(2) AUDITOR.— 
"(A) IN GENERAL.—An audit under this subsection shall 
be performed under a contract that is awarded under 
competitive procedures (as defined in section 4 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403)) by 
a person or entity that is not associated in any way with 
the Department of the Interior (except by way of a contract 
for the performance of an audit or other review). 
"(B) SUPERVISION OF AUDITOR.—The auditor selected 
under subparagraph (A) shall report to, and be supervised 
by, the Inspector General of the Department of the Interior, 
except that the auditor shall submit a copy of the biennial 
audit findings to the Secretary of the Interior at the time 
at which the findings are submitted to the Inspector Gen-
eral of the Department of the Interior. 
"(3) REPORT TO CONGRESS.—The Inspector General of the 
Department of the Interior shall promptly submit to the Com-
mittee on Resources of the House of Representatives and the 
Committee on Environment and Public Works of the Senate— 
"(A) a report on the results of each audit under this 
subsection; and 
"(B) a copy of each audit under this subsection.", 
(c) CONFORMING AMENDMENT.—Section 8(b) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended 
in the first sentence by striking "section 4(b) of this Act" and 
inserting "section 4(c)". 
SEC. 112. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PRO-
GRAM GRANTS. 
The Pittman-Robertson Wildlife Restoration Act is amended— 
(1) by redesignating section 10 (16 U.S.C. 669i) as section 
12; and 
(2) by inserting after section 9 (16 U.S.C. 669h) the fol-
lowing: 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1767 
"SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PRO- 
16 USC 669h-l. 
GRAM GRANTS. 
"(a) IN GENERAL.— 
"(1) GRANTS.—Of the revenues covered into the fund, 
$7,500,000 for each of fiscal years 2001 and 2002, and 
$8,000,000 for fiscal year 2003 and each fiscal year thereafter, 
shall be apportioned among the States in the manner specified 
in section 4(c) by the Secretary of the Interior and used to 
make grants to the States to be used for— 
"(A) in the case of a State that has not used all of 
the funds apportioned to the State under section 4(c) for 
the fiscal year in the manner described in section 8(b)— 
"(i) the enhancement of hunter education pro-
grams, hunter and sporting firearm safety programs, 
and hunter development programs; 
"(ii) the enhancement of interstate coordination 
and development of hunter education and shooting 
range programs; 
"(iii) the enhancement of bow hunter and archery 
education, safety, and development programs; and 
"(iv) the enhancement of construction or develop-
ment of firearm shooting ranges and archery ranges, 
and the updating of safety features of firearm shooting 
ranges and archery ranges; and 
"(B) in the case of a State that has used all of the 
funds apportioned to the State under section 4(c) for the 
fiscal year in the manner described in section 8(b), any 
use authorized by this Act (including hunter safety pro-
grams and the construction, operation, and maintenance 
of public target ranges). 
"(2) LIMITATION ON USE.—Under paragraph (1), a State 
shall not be required to use more than the amount described 
in section 8(b) for hunter safety programs and the construction, 
operation, and maintenance of public target ranges. 
"(b) COST SHARING.—The Federal share of the cost of any 
activity carried out with a grant under this section shall not exceed 
75 percent of the total cost of the activity. 
"(c) PERIOD OF AVAILABILITY; REAPPORTIONMENT.— 
"(1) PERIOD OF AVAILABILITY.—Amounts made available and 
apportioned for grants under this section shall remain available 
only for the fiscal year for which the amounts are apportioned. 
"(2) REAPPORTIONMENT.—At the end of the period of avail-
ability under paragraph (1), the Secretary of the Interior shall 
apportion amounts made available that have not been used 
to make grants under this section among the States described 
in subsection (a)(1)(B) for use by those States in accordance 
with this Act.". 
SEC. 113. MULTISTATE CONSERVATION GRANT PROGRAM. 
The Pittman-Robertson Wildlife Restoration Act (as amended 
by section 112) is amended by inserting after section 10 the fol-
lowing: 
"SEC. 11. MULTISTATE CONSERVATION GRANT PROGRAM. 
16 USC 669h-2. 
"(a) IN GENERAL.— 
"(1) AMOUNT FOR GRANTS.—Not more than $3,000,000 of 
the revenues covered into the fund for a fiscal year shall be 
114 STAT. 1768 
PUBLIC LAW 106-408—NOV. 1, 2000 
available to the Secretary of the Interior for making multistate 
conservation project grants in accordance with this section. 
"(2) PERIOD OF AVAILABILITY; APPORTIONMENT.— 
"(A) PERIOD OF AVAILABILITY.—Amounts made avail-
able under paragraph (1) shall remain available for making 
grants only for the first fiscal year for which the amount 
is made available and the following fiscal year. 
"(B) APPORTIONMENT.—At the end of the period of 
availability under subparagraph (A), the Secretary of the 
Interior shall apportion any amounts that remain available 
among the States in the manner specified in section 4(b) 
for use by the States in the same meinner as funds appor-
tioned under section 4(b). 
"(b) SELECTION OF PROJECTS.— 
"(1) STATES OR ENTITIES TO BE BENEFITED.—^A project shall 
not be eligible for a grant under this section vmless the project 
will benefit— 
"(A) at least 26 States; 
"(B) a majority of the States in a region of the United 
States Fish and Wildlife Service; or 
"(C) a regional association of State fish and game 
departments. 
"(2) USE OF SUBMITTED PRIORITY LIST OF PROJECTS.—The 
Secretary of the Interior may make grants under this section 
only for projects identified on a priority list of wildlife restora-
tion projects described in paragraph (3). 
"(3) PRIORITY LIST OF PROJECTS.—A priority Hst referred 
to in paragraph (2) is a priority list of wildlife restoration 
projects that the International Association of Fish and Wildlife 
Agencies— 
"(A) prepares through a committee comprised of the 
heads of State fish and game departments (or their des-
ignees), in consultation with— 
"(i) nongovernmental organizations that represent 
conservation organizations; 
"(ii) sportsmen organizations; and 
"(iii) industries that support or promote hunting, 
trapping, recreational 
shooting, bow hunting, or 
archery; 
"(B) approves by vote of a majority of the heads of 
State fish and game departments (or their designees); and 
"(C) not later than October 1 of each fiscal year, sub-
mits to the Assistant Director for Wildlife and Sport Fish 
Restoration Programs. 
Federal Register, 
"(4) PUBLICATION.—The Assistant Director for Wildlife and 
publication. 
Sport Fish Restoration Programs shall publish in the Federal 
Register each priority list submitted under paragraph (3)(C). 
"(c) ELIGIBLE GRANTEES.— 
"(1) IN GENERAL.—The Secretary of the Interior may make 
a grant under this section only to— 
"(A) a State or group of States; 
"(B) the United States Fish and Wildlife Service, or 
a State or group of States, for the purpose of carrying 
out the National Survey of Fishing, Hunting, and Wildlife-
Associated Recreation; and 
"(C) subject to paragraph (2), a nongovernmental 
organization. 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1769 
"(2) NONGOVERNMENTAL ORGANIZATIONS.— 
"(A) IN GENERAL.—Any nongovernmental organization 
that applies for a grant under this section shall submit 
with the application to the International Association of 
Fish and Wildlife Agencies a certification 
that 
the 
organization— 
"(i) will not use the grant funds to fund, in whole 
or in part, any activity of the organization that pro-
motes or encourages opposition to the regulated 
hunting or trapping of wildlife; and 
"(ii) will use the grant funds in compliance with 
subsection (d). 
"(B) PENALTIES FOR CERTAIN ACTIVITIES.—Any non-
governmental organization that is found to use grant funds 
in violation of subparagraph (A) shall return all funds 
received iinder this section and be subject to any other 
applicable penalties under law. 
"(d) USE OF GRANTS.—A grant under this section shall not 
be used, in whole or in part, for an activity, project, or program 
that promotes or encourages opposition to the regulated hunting 
or trapping of wildlife. 
"(e) NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to any activity carried out under this section.". 
SEC. 114. MISCELLANEOUS PROVISION. 
Section 5 of the Pittman-Robertson Wildlife Restoration Act 
(16 U.S.C. 669d) is amended in the first sentence— 
(1) by inserting ", at the time at which a deduction or 
apportionment is made," after "certify"; and 
(2) by striking "and executing". 
Subtitle B—Sport Fish Restoration 
SEC. 121. EXPENSES FOR ADMINISTRATION. 
(a) 
SET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE 
DiNGELL-JOHNSON SPORT FiSH RESTORATION ACT.—Section 4 of the 
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is 
amended by strikmg subsection (d) and inserting the following: 
"(d) 
SET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE 
DINGELL-JOHNSON SPORT FISH RESTORATION ACT.— 
"(1) IN GENERAL.— 
"(A) SET-ASIDE.—For fiscal year 2001 and each fiscal 
year thereafter, of the balance of each such annual appro-
priation remaining after the distribution and use under 
subsections (a), (b), and (c) and section 14, the Secretary 
of the Interior may use not more than the available amount 
specified in subparagraph (B) for the fiscal year for 
expenses for administration incurred in implementation 
of this Act, in accordance with this subsection and section 
9. 
"(B) 
AVAILABLE AMOUNTS.—The available 
amount 
referred to in subparagraph (A) is— 
"(i) for each of fiscal years 2001 and 2002, 
$9,000,000; 
"(ii) for fiscal year 2003, $8,212,000; and 
114 STAT. 1770 
PUBLIC LAW 106-408—NOV. 1, 2000 
"(iii) for fiscal year 2004 and each fiscal year there-
after, the sum o
f
— 
"(I) the available amount for the preceding 
fiscal year; and 
"(11) the amount determined by multiplying— 
"(aa) the available amount for the pre-
ceding fiscal year; and 
"(bb) the change, relative to the preceding 
fiscal year, in the Consumer Price Index for 
All Urban 
Consumers 
published 
by 
the 
Department of Labor. 
"(2) PERIOD OF AVAILABILITY; APPORTIONMENT OF UNOBLI-
GATED AMOUNTS.— 
"(A) PERIOD OF AVAILABILITY.—For each fiscal year, 
the available amount under paragraph (1) shall remain 
available for obligation for use under that paragraph until 
the end of the fiscal year. 
Deadline. 
"(B) APPORTIONMENT OF UNOBLIGATED AMOUNTS.—Not 
later than 60 days after the end of a fiscal year, the 
Secretary of the Interior shall apportion among the States 
any of the available amount under paragraph (1) that 
remains imobligated at the end of the fiscal year, on the 
same basis and in the same manner as other amounts 
made available under this Act are apportioned among the 
States under subsection (e) for the fiscal year.". 
(b) 
REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF 
AMOUNTS FOR EXPENSES FOR ADMINISTRATION.—Section 9 of the 
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777h) is 
amended to read as follows: 
"SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF 
AMOUNTS FOR EXPENSES FOR ADMINISTRATION. 
"(a) AUTHORIZED EXPENSES FOR ADMINISTRATION.—Except as 
provided in subsection (b), the Secretary of the Interior may use 
available amounts under section 4(d)(1) only for expenses for 
administration that directly support the implementation of this 
Act that consist of— 
"(1) personnel costs of employees who directly administer 
this Act on a full-time basis; 
"(2) personnel costs of employees who directly administer 
this Act on a part-time basis for at least 20 hours each week, 
not to exceed the portion of those costs incurred with respect 
to the work hours of the employee during which the employee 
directly administers this Act, as those hours are certified by 
the supervisor of the employee; 
"(3) support costs directly associated with personnel costs 
authorized under paragraphs (1) and (2), excluding costs associ-
ated with staffing and operation of regional offices of the United 
States Fish and Wildlife Service and the Department of the 
Interior other than for the purposes of this Act; 
"(4) costs of determining under section 6(a) whether State 
comprehensive plans and projects are substantial in character 
and design; 
"(5) overhead costs, including the costs of general adminis-
trative services, that are directly attributable to administration 
of this Act and are based on— 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1771 
"(A) actual costs, as determined by a direct cost alloca-
tion methodology approved by the Director of the Office 
of Management and Budget for use by Federal agencies; 
and 
"(B) in the case of costs that are not determinable 
under subparagraph (A), an amount per full-time equiva-
lent employee authorized under paragraphs (1) and (2) 
that does not exceed the amount charged or assessed for 
costs per full-time equivalent employee for any other divi-
sion or program of the United States Fish and Wildlife 
Service; 
"(6) costs incurred in auditing, every 5 years, the wildlife 
and sport fish activities of each State fish and game department 
and the use of funds under section 6 by each State fish and 
game department; 
"(7) costs of audits under subsection (d); 
"(8) costs of necessary training of Federal and State full-
time personnel who administer this Act to improve administra-
tion of this Act; 
"(9) costs of travel to States, territories, and Canada by 
personnel who— 
"(A) administer this Act on a full-time basis for pur-
poses directly related to administration of State programs 
or projects; or 
"(B) administer grants under section 6 or 14; 
"(10) costs of travel outside the United States (except travel 
to Canada), by personnel who administer this Act on a full-
time basis, for purposes that directly relate to administration 
of this Act and that are approved directly by the Assistant 
Secretary for Fish and Wildlife and Parks; 
"(11) relocation expenses for personnel who, after reloca-
tion, will administer this Act on a full-time basis for at least 
1 year, as certified by the Director of the United States Fish 
and Wildlife Service at the time at which the relocation 
expenses are incurred; and 
"(12) costs to audit, evaluate, approve, disapprove, £ind 
advise concerning grants under sections 6 and 14. 
"(b) REPORTING OF OTHER USES.— 
"(1) IN GENERAL.—Subject to paragraph (2), if the Secretary 
of the Interior determines that available amounts under section 
4(d)(1) should be used for an expense for administration other 
than an expense for administration described in subsection 
(a), the Secretary— 
"(A) shall submit to the Committee on Environment Reports. 
and Public Works of the Senate and the Committee on 
Resources of the House of Representatives a report 
describing the expense for administration and stating the 
amount of the expense; and 
"(B) may use any such available amounts for the 
expense for administration only after the end of the 30-
day period beginning on the date of submission of the 
report under subparagraph (A). 
"(2) MAXIMUM AMOUNT.—For any fiscal year, the Secretary 
of the Interior may use under paragraph (1) not more than 
$25,000. 
"(c) RESTRICTION ON USE TO SUPPLEMENT GENERAL APPROPRIA-
TIONS.—The Secretary of the Interior shall not use available 
79-194 O - 00 - 22 : QL 3 Part 3 
114 STAT. 1772 
PUBLIC LAW 106-408—NOV. 1, 2000 
amounts under subsection (b) to supplement the funding of any 
function for which general appropriations are made for the United 
States Fish and Wildlife Service or any other entity of the Depart-
ment of the Interior. 
"(d) AUDIT REQUIREMENT.— 
"(1) IN GENERAL.—The Inspector General of the Department 
of the Interior shall procure the performance of biennial audits, 
in accordance with generally accepted accounting principles, 
of expenditures and obligations of amounts used by the Sec-
retary of the Interior for expenses for administration incurred 
in implementation of this Act. 
"(2) AUDITOR.— 
"(A) IN GENERAL.—^An audit under this subsection shall 
be performed under a contract that is awarded under 
competitive procedures (as defined in section 4 of the Office 
of Federal Procurement PoHcy Act (41 U.S.C. 403)) by 
a person or entity that is not associated in any way with 
the Department of the Interior (except by way of a contract 
for the performance of an audit or other review). 
"(Bj SUPERVISION OF AUDITOR.—The auditor selected 
under subparagraph (A) shall report to, and be supervised 
by, the Inspector General of the Department of the Interior, 
except that the auditor shall submit a copy of the biennial 
audit findings to the Secretary of the Interior at the time 
at which the findings are submitted to the Inspector Gen-
eral of the Department of the Interior. 
"(3) REPORT TO CONGRESS.—The Inspector General of the 
Department of the Interior shall promptly submit to the Com-
mittee on Resources of the House of Representatives and the 
Committee on Environment and Public Works of the Senate— 
"(A) a report on the results of each audit under this 
subsection; and 
"(B) a copy of each audit under this subsection.", 
(c) EXPENSES FOR ADMINISTRATION OF CERTAIN PROGRAMS.— 
Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777c) is amended by adding at the end the following: 
"(g) EXPENSES FOR ADMINISTRATION OF CERTAIN PROGRAMS.— 
"(1) IN GENERAL.—For each fiscal year, of the amounts 
appropriated under section 3, the Secretary of the Interior 
shall use only funds authorized for use under subsections (a), 
(b)(3)(A), (b)(3)(B), and (c) to pay the expenses for administra-
tion incurred in carrying out the provisions of law referred 
to in those subsections, respectively. 
"(2) MAXIMUM AMOUNT.—For each fiscal year, the Secretary 
of the Interior may use not more than $900,000 in accordance 
with paragraph (1).". 
SEC. 122. MULTISTATE CONSERVATION GRANT PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—The Dingell-Johnson Sport 
Fish Restoration Act is amended— 
(1) by striking the section 13 relating to effective date 
(16 U.S.C. 777 note) and inserting the following: 
16 use 777m. 
"SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM. 
"(a) IN GENERAL.— 
"(1) AMOUNT FOR GRANTS.—Of the balance of each annual 
appropriation made under section 3 remaining after the dis-
tribution and use under subsections (a), (b), and (c) of section 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1773 
4 in a fiscal year, not more than $3,000,000 shall be available 
to the Secretary of the Interior for making multistate conserva-
tion project grants in accordance with this section. 
"(2) PERIOD OF AVAILABILITY; APPORTIONMENT.— 
"(A) PERIOD OF AVAILABILITY.—^Amoimts made avail-
able under paragraph (1) shall remain available for making 
grants only for the first fiscal year for which the amount 
is made available and the following fiscal year. 
"(B) APPORTIONMENT.—^At the end of the period of 
availability under subparagraph (A), the Secretary of the 
Interior shall apportion any amounts that remain available 
among the States in the manner specified in section 4(e) 
for use by the States in the same manner as funds appor-
tioned under section 4(e). 
"(b) SELECTION OF PROJECTS .— 
"(1) STATES OR ENTITIES TO BE BENEFITED.—A project shall 
not be eligible for a grant under this section imless the project 
will benefit— 
"(A) at least 26 States; 
"(B) a majority of the States in a region of the United 
States Fish and Wildlife Service; or 
"(C) a regional association of State fish and game 
departments. 
"(2) USE OF SUBMITTED PRIORITY LIST OF PROJECTS.—The 
Secretary of the Interior may make grants under this section 
only for projects identified on a priority list of sport fish restora-
tion projects described in paragraph (3). 
"(3) PRIORITY LIST OF PROJECTS.—^A priority list referred 
to in paragraph (2) is a priority list of sport fish restoration 
projects that the International Association of Fish and Wildlife 
Agencies— 
"(A) prepares through a committee comprised of the 
heads of State fish and game departments (or their des-
ignees), in consultation with— 
"(i) nongovernmental organizations that represent 
conservation organizations; 
"(ii) sportsmen organizations; and 
"(iii) industries that fund the sport fish restoration 
programs under this Act; 
"(B) approves by vote of a majority of the heads of 
State fish and game departments (or their designees); and 
"(C) not later than October 1 of each fiscal year, sub-
mits to the Assistant Director for Wildlife and Sport Fish 
Restoration Programs. 
"(4) PUBLICATION.—The Assistant Director for Wildlife and Federal Register, 
Sport Fish Restoration Programs shall publish in the Federal publication. 
Register each priority list submitted under paragraph (3)(C). 
"(c) ELIGIBLE GRANTEES.— 
"(1) IN GENERAL.—The Secretary of the Interior may make 
a grant under this section only to— 
"(A) a State or group of States; 
"(B) the United States Fish and Wildlife Service, or 
a State or group of States, for the purpose of carrying 
out the National Survey of Fishing, Hunting, and Wildlife-
Associated Recreation; and 
"(C) subject to paragraph (2), a nongovernmental 
organization. 
114 STAT. 1774 
PUBLIC LAW 106-408—NOV. 1, 2000 
"(2) NONGOVERNMENTAL ORGANIZATIONS.— 
"(A) IN GENERAL.—Any nongovernmental organization 
that applies for a grant under this section shall submit 
with the application to the International Association of 
Fish and Wildlife Agencies a certification 
that the 
organization— 
"(i) will not use the grant funds to fund, in whole 
or in part, any activity of the organization that pro-
motes or encourages opposition to the regulated taking 
offish; and 
"(ii) will use the grant fiinds in compliance with 
subsection (d). 
"(B) PENALTIES FOR CERTAIN ACTIVITIES.—Any non-
governmental organization that is found to use grant funds 
in violation of subparagraph (A) shall return all funds 
received under this section and be subject to any other 
applicable penalties under law. 
"(d) USE OF GRANTS.—^A grant under this section shall not 
be used, in whole or in part, for an activity, project, or program 
that promotes or encourages opposition to the regulated taking 
offish. 
"(e) FUNDING FOR OTHER ACTIVITIES.—Of the balance of each 
annual appropriation made under section 3 remaining afi;er the 
distribution and use under subsections (a), (b), and (c) of section 
4 for each fiscal year and after deducting amounts used for grants 
imder subsection (a)— 
"(1) $200,000 shall be made available for each of— 
"(A) the Atlantic States Marine Fisheries Commission; 
"(B) the Gulf States Marine Fisheries Commission; 
"(C) the Pacific States Marine Fisheries Commission; 
and 
"(D) the Great Lakes Fisheries Commission; and 
"(2) $400,000 shall be made available for the Sport Fishing 
and Boating Partnership Council established by the United 
States Fish and Wildlife Service. 
"(f) 
NONAPPLICABILITY OF FEDERAL 
ADVISORY 
COMMITTEE 
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to any activity carried out under this section."; and 
(2) by moving that section to appear afi;er the section 
13 relating to State use of contributions (16 U.S.C. 7771). 
(b) CONFORMING AMENDMENT.—Section 4(e) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777c(e)) is amended 
in the first sentence by inserting "and after deducting amounts 
used for grants under section 14," after "respectively,". 
SEC. 
1
2
3
. 
FUNDING 
OF 
THE 
COASTAL 
WETLANDS 
PLANNING, 
PROTEC-
TION 
AND 
RESTORATION ACT. 
Section 4(a) of the Dingell-Johnson Sport Fish Restoration Act 
(16 U.S.C. 777c(a)) is amended in the second sentence by striking 
"2000" and inserting "2009". 
SEC. 124. PERIOD OF AVAILABILITY. 
Section 4(f) of the Dingell-Johnson Sport Fish Restoration Act 
(16 U.S.C. 777c(f)) is amended in the first sentence by striking 
", and if" and all that follows through "recreation". 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1775 
SEC. 125. MISCELLANEOUS PROVISION. 
Section 5 of the Dingell-Johnson Sport Fish Restoration Act 
(16 U.S.C. 777d) is amended— 
(1) by inserting ", at the time at which a deduction or 
apportionment is made," after "certify*; and 
(2) by striking "and executing". 
SEC. 126. CONFORMING AMENDMENT. 
Section 9504(b)(2)(A) of the Internal Revenue Code of 1986 26USC9504. 
is amended by striking "(as in effect on the date of the enactment 
of the TEA 21 Restoration Act)" and inserting "(as in effect on 
the date of the enactment of the WildUfe and Sport Fish Restoration 
Programs Improvement Act of 2000)". 
Subtitle C—Wildlife and Sport Fish 
Restoration Programs 
SEC. 131. DESIGNATION OF PROGRAMS. 
16 USC 669 note. 
The programs estabUshed under the Pittman-Robertson WildUfe 
Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson 
Sport Fish Restoration Act (16 U.S.C. 777 et seq.) shall be known 
as the "Federal Assistance Program for State Wildlife and Sport 
Fish Restoration". 
SEC. 132. ASSISTANT DIRECTOR FOR WILDLIFE AND SPORT FISH RES- 16 USC 742b-l. 
TORATION PROGRAMS. 
(a) ESTABLISHMENT.—^There is established in the United States 
Fish and Wildlife Service of the Department of the Interior the 
position of Assistant Director for Wildlife and Sport Fish Restoration 
Programs. 
(b) SUPERIOR.—^The Assistant Director for Wildlife and Sport 
Fish Restoration Programs shall report directly to the Director 
of the United States Fish and Wildlife Service. 
(c) RESPONSIBILITIES.—The Assistant Director for Wildlife and 
Sport Fish Restoration Programs shall be responsible for the 
administration, management, and oversight of the Federal Assist-
ance Program for State Wildlife and Sport Fish Restoration under 
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et 
seq.) and the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 
777 et seq.). 
SEC. 133. REPORTS AND CERTIFICATIONS. 
16 USC 669k. 
(a) IMPLEMENTATION REPORT.— 
(1) IN GENERAL.—^At the time at which the President sub-
mits to Congress a budget request for the Department of the 
Interior for fiscal year 2002, the Secretary of the Interior shall 
submit to the Committee on Resources of the House of Rep-
resentatives and the Committee on Environment and Public 
Works of the Senate a report on the steps that have been 
taken to comply with this title and the amendments made 
by this title. 
(2) CONTENTS.—^The report under paragraph (1) shall 
describe— 
(A) the extent to which compliance with this title and 
the amendments made by this title has required a reduction 
in the number of personnel assigned to administer, manage. 
114 STAT. 1776 
PUBLIC LAW 106-408—NOV. 1, 2000 
and oversee the Federal Assistance Program for State Wild-
life and Sport Fish Restoration; 
(B) any revisions to this title or the amendments made 
by this title that would be desirable in order for the Sec-
retary of the Interior to adequately administer the Program 
and ensure that fimds provided to State agencies are prop-
erly used; and 
(C) any other information concerning the implementa-
tion of this title and the amendments made by this title 
that the Secretary of the Interior considers appropriate. 
(b) PROJECTED SPENDING REPORT.—At the time at which the 
President submits a budget request for the Department of the 
Interior for fiscal year 2002 and each fiscal year thereafter, the 
Secretary of the Interior shall report in writing to the Committee 
on Resources of the House of Representatives and the Committee 
on Environment and Public Works of the Senate the amounts, 
broken down by category, that are intended to be used for the 
fiscal year under section 4(a)(1) of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669c(a)(l)) and section 4(d)(1) of the 
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(d)(l)). 
Deadline. 
(c) SPENDING CERTIFICATION AND REPORT.—Not l a t e r t h a n 60 
days after the end of each fiscal year, the Secretary of the Interior 
shall certify and report in writing to the Committee on Resources 
of the House of Representatives and the Committee on Environment 
and Public Works of the Senate— 
(1) the amounts, broken down by category, that were used 
for the fiscal year under section 4(a)(1) of the Pittman-Robert-
son Wildlife Restoration Act (16 U.S.C. 669c(a)(l)) and section 
4(d)(1) of the Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777c(d)(l)); 
(2) the amounts apportioned to States for the fiscal year 
under section 4(a)(2) of the Pittman-Robertson Wildlife Restora-
tion Act (16 U.S.C. 669c(a)(2)) and section 4(d)(2)(A) of the 
Dingell-Johnson 
Sport 
Fish 
Restoration 
Act 
(16 
U.S.C. 
777c(d)(2)(A)); 
(3) the results of the audits performed under section 9(d) 
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
669h(d) and section 9(d) of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777h(d)); 
(4) that all amounts used for the fiscal year under section 
4(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669c(a)(l)) and section 4(d)(1) of the Dingell-Johnson 
Sport Fish Restoration Act (16 U.S.C. 777c(d)(l)) were nec-
essary for expenses for administration incurred in implementa-
tion of those Acts; 
(5) that all amounts used for the fiscal year to administer 
those Acts by agency headquarters and by regional offices of 
the United States Fish and Wildlife Service were used in accord-
ance with those Acts; and 
(6) that the Secretary of the Interior, the Assistant Sec-
retary for Fish and Wildlife and Parks, the Director of the 
United States Fish and Wildlife Service, and the Assistant 
Director for Wildlife and Sport Fish Restoration Programs each 
properly discharged their duties under those Acts. 
(d) CERTIFICATIONS BY STATES.— 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1777 
(1) IN GENERAL.—Not later than 60 days after the end 
of each fiscal year, each State that received amounts appor-
tioned under the Pittman-Robertson Wildlife Restoration Act 
(16 U.S.C. 669 et seq.) or the Dingell-Johnson Sport Fish Res-
toration Act (16 U.S.C. 777 et seq.) for the fiscal year shall 
certify to the Secretary of the Interior in writing that the 
amounts were expended by the State in accordance with each 
of those Acts. 
(2) TRANSMISSION TO CONGRESS.—Not later than December 
31 of a fiscal year, the Secretary of the Interior shall transmit 
all certifications under paragraph (1) for the previous fiscal 
year to the Committee on Resources of the House of Representa-
tives and the Committee on Environment and Public Works 
of the Senate. 
(e) LIMITATION ON DELEGATION.—The Secretary of the Interior 
shall not delegate the responsibility for making a certification under 
subsection (c) to any person except the Assistant Secretary for 
Fish and Wildlife and Parks. 
Deadline. 
Deadline. 
TITLE II—NATIONAL FISH AND 
WILDLIFE FOUNDATION 
SEC. 201. SHORT TITLE. 
This title may be cited as the "National Fish and Wildlife 
Foundation Establishment Act Amendments of 2000". 
SEC. 202. PURPOSES. 
Section 2(b) of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3701(b)) is amended by striking para-
graph (1) and inserting the following: 
"(1) to encourage, accept, and administer private gifts of 
property for the benefit of, or in connection with, the activities 
and services of the United States Fish and Wildlife Service 
and the National Oceanic and Atmospheric Administration, 
to "further the conservation and management of fish, wildlife, 
plants, and other natural resources;". 
S E C . 203. BOARD OF DIRECTORS OF THE FOUNDATION. 
(a) 
ESTABLISHMENT AND 
MEMBERSHIP.—Section 
3 
of 
the 
National Fish and Wildlife Foundation Establishment Act (16 
U.S.C. 3702) is amended by striking subsection (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 Directors 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 
Eind management of fish, wildlife, plants, and other natural 
resources. 
"(3) NOT FEDERAL EMPLOYEES.—^Appointment as a Director 
of the Foundation shall not constitute employment by, or the 
National Fish 
and Wildlife 
Foundation 
Establishment 
Act Amendments 
of 2000. 
114 STAT. 1778 
PUBLIC LAW 106-408—NOV. 1, 2000 
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 Atmosphere shall be Directors of the Founda-
tion. 
"(2) APPOINTMENTS BY THE SECRETARY OF THE INTERIOR.— 
"(A) IN GENERAL.—Subject to subparagraph (B), after 
consulting with the Secretary of Commerce and considering 
the recommendations submitted by the Board, the Sec-
retary of the Interior shall appoint 23 Directors who meet 
the criteria established by subsection (a), of whom— 
"(i) at least six shall be educated or experienced 
in fish, wildlife, or other natural resource conservation; 
"(ii) at least four shall be educated or experienced 
in the principles of fish, wildlife, or other natural 
resource management; and 
"(iii) at least four 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 the enactment 
of this paragraph shall continue to serve until the 
expiration of their terms. 
"(ii) NEW DIRECTORS,—Subject to paragraph (3), 
the Secretary of the Interior shall appoint eight new 
Directors. 
"(3) TERMS.— 
"(A) IN GENERAL.—Subject to subparagraph (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 POSI-
TIONS.—Of the Directors appointed by the Secretary of 
the Interior under paragraph (2)(B)(ii), the Secretary shall 
appoint, in fiscal year 2001, three Directors for a term 
of 6 years. 
"(C) SUBSEQUENT APPOINTMENTS TO NEW MEMBER POSI-
TIONS.—Of the Directors appointed by the Secretary of 
the Interior under paragraph (2)(B)(ii), the Secretary shall 
appoint, in fiscal year 2002— 
"(i) two Directors for a term of 2 years; and 
"(ii) three Directors for a term of 4 years. 
"(4) VACANCIES.— 
"(A) IN GENERAL.—The Secretary of the Interior shall 
fill a vacancy on the Board. 
"(B) 
TERM 
OF APPOINTMENTS TO FILL UNEXPIRED 
TERMS.—^An individual appointed to fill a vacancy that 
occurs before the expiration of the term of a Director shall 
be appointed for the remainder of the term. 
"(5) REAPPOINTMENT.—An individual (other than an indi-
vidual described in paragraph (1)) shall not serve more than 
2 consecutive terms as a Director, excluding any term of less 
than 6 years. 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1779 
"(6) REQUEST FOR REMOVAL.—The executive committee of 
the Board may submit to the Secretary of the Interior a letter 
describing the nonperformance of a Director and requesting 
the removal of the Director from the Board. 
"(7) CONSULTATION BEFORE REMOVAL.—Before removing 
any Director from the Board, the Secretary of the Interior 
shall consult with the Secretary of Commerce.", 
(c) TECHNICAL AMENDMENTS.— 
(1) Section 4(c)(5) of the National Fish and Wildlife Founda-
tion EstabUshment Act (16 U.S.C. 3703(c)(5)) is amended by 
striking "Directors of the Board" and inserting "Directors of 
the Foundation". 
(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. 204. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. 
(a) PRINCIPAL OFFICE OF THE FOUNDATION.—Section 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 para-
graphs (7) through (11), respectively; and 
(2) by inserting after paragraph (2) the following: 
"(3) to invest any funds provided to the Foundation 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 Foundation 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 pajonents under coopera-
tive agreements entered into with willing 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 PROPERTY.—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 agency that admin-
isters 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. 
114 STAT. 1780 
PUBLIC LAW 106-408—NOV. 1, 2000 
(e) AGENCY APPROVAL OF CONVEYANCES AND GRANTS.—Section 
4(e)(3)(B) of the National Fish and Wildhfe Foundation EstabUsh-
ment Act (16 U.S.C. 3703(e)(3)(B)) is amended by striking clause 
(ii) and inserting the following: 
Deadline. 
"(ii) the Foundation notifies the Federal agency that admin-
isters the Federal program under which the funds were pro-
vided 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 Establishment Act (16 
U.S.C. 3703(e)) is amended by striking paragraph (5) and inserting 
the following: 
Deadline. 
"(5) RECONVEYANCE OF REAL PROPERTY.—The Foimdation 
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 admin-
isters the Federal program under which the funds were pro-
vided, and the agency does not disagree 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 fish, wildlife, plants, 
and other natural resources; £ind 
"(B) the purposes of the Foundation would be better 
served by use of the proceeds of the conveyance for other 
authorized activities of the Foundation.". 
(g) EXPENDITURES FOR PRINTING SERVICES OR CAPITAL EQUIP-
MENT.—Section 4 of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3703) is amended by adding at the 
end the following: 
"(h) EXPENDITURES FOR PRINTING SERVICES OR CAPITAL EQUIP-
MENT.—^The Foundation shall not make any expenditure of Federal 
funds in connection with any one transaction for printing services 
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. 205. ANNUAL REPORTING OF GRANT DETAILS. 
Section 7(b) of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3706(b)) is amended— 
(1) by striking "Congress" and inserting "the Committee 
on Resources of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate"; and 
(2) by adding at the end the following: "The report shall 
include a detailed statement of the recipient, amount, £ind 
purpose of each grant made by the Foundation in the fiscal 
year.". 
SEC. 206. NOTICE TO MEMBERS OF CONGRESS. 
Section 4 of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3703) (as amended by section 204(g)) 
is amended by adding at the end the following: 
"(i) NOTICE TO MEMBERS OF CONGRESS.—The Foundation shall 
not make a grant of funds unless, by not later than 30 days 
before the grant is made, the Foundation provides notice of the 
grant to the Member of Congress for the congressional district 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1781 
in which the project to be funded with the grant will be carried 
out.". 
SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 
Section 10 of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3709) is amended by striking sub-
sections (a), (b), and (c) £ind inserting the following: 
"(a) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this Act for each of fiscal years 2001 through 
2003— 
"(A) $20,000,000 to the Department of the Interior; 
and 
"(B) $5,000,000 to the Department of Commerce. 
"(2) REQUIREMENT OF ADVANCE PAYMENT.—The amount 
made available for a fiscal year under paragraph (1) 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 pro-
vided to the Foundation for use for matching, on a 1-to-l 
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 ADMINISTRATIVE EXPENSES.— 
No Federal funds made available under paragraph (1) shall 
be used by the Foundation for administrative expenses of the 
Foundation, including for salaries, travel and transportation 
expenses, 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 conserva-
tion and management of fish, wildlife, plants, and other natural 
resources in accordance with the requirements of this Act. 
"(2) USE OF FUNDS ACCEPTED FROM FEDERAL AGENCIES.— 
Federal funds provided to the Foundation imder paragraph 
(1) shall be used by the Foundation for matching, in whole 
or in part, contributions (whether in currency, services, or 
property) made to the Foundation by private persons gind State 
and local government agencies. 
"(c) PROHIBITION ON USE OF GRANT AMOUNTS FOR LITIGATION 
AND LOBBYING EXPENSES.—Amounts provided 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 influence legisla-
tion pending before Congress.". 
SEC. 208. LIMITATION ON AUTHORITY. 
The National Fish and Wildlife Foundation Establishment Act 
(16 U.S.C. 3701 et seq.) is amended by adding at the end the 
following: 
114 STAT. 1782 
PUBLIC LAW 106-408—NOV. 1, 2000 
16 use 3710. 
National Wildlife 
Refuge System 
Centennial Act. 
"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 PubHc Law 90-209 (16 U.S.C. 19e et seq.).". 
TITLE III—NATIONAL WILDLIFE 
REFUGE SYSTEM CENTENNIAL 
16 use 668dd 
note. 
16 use 668dd 
note. 
SEC. 301. SHORT TITLE. 
This title may be cited as the "National Wildlife Refuge System 
Centennial Act". 
SEC. 302. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Confess finds that— 
(1) President Tlieodore Roosevelt began the National Wild-
life Refuge System by establishing the first refuge at Pelican 
Island, Florida, on March 14, 1903; 
(2) the National Wildlife Refuge System is comprised of 
more than 93,000,000 acres of Federal land managed by the 
United States Fish and Wildlife Service in more than 532 
individual refuges and thousands of waterfowl production areas 
located in all 50 States £md the territories of the United States; 
(3) the System is the only network of Federal land dedicated 
singularly to wildlife conservation and where wildlife-dependent 
recreation and environmental education are priority public uses; 
(4) the System serves a vitgil role in the conservation of 
millions of migratory birds, dozens of endangered species and 
threatened species, some of the premier fisheries of the United 
States, marine mammals, and the habitats on which such spe-
cies offish and wildlife depend; 
(5) each year the System provides millions of Americans 
with opportunities to psirticipate in wildlife-dependent recre-
ation, including hunting, fishing, and wildlife observation; 
(6)(A) pubUc visitation to national wildlife refuges is 
growing, with more than 35,000,000 visitors annually; andf 
(B) it is essential that visitor centers and public use facili-
ties be properly constructed, operated, and maintained; 
(7) the National Wildlife Refiige System Volunteer and 
Community Partnership Enhancement Act of 1998 (16 U.S.C. 
742f note; Public Law 105-242), and the amendments made 
by that Act, significantly enhance the ability of the United 
States Fish and Wildlife Service to incorporate volunteers and 
partnerships in refuge management; 
(8) as of the date of the enactment of this Act, the System 
has an unacceptable backlog of critical operation and mainte-
nance needs; and 
(9) the occasion of the centennial of the System, in 2003, 
presents a historic opportunity to enhance natural resource 
stewardship and expand public enjoyment of the national wild-
life refuges of the United States. 
(b) PURPOSES.—The purposes of this title are— 
(1) to establish a commission to promote awareness by 
the public of the National Wildlife Refuge System as the System 
celebrates its centennial in 2003; 
(2) to develop a long-term plan to meet the priority oper-
ation, maintenance, and construction needs of the System; 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1783 
(3) to require an annual report on the needs of the System 
prepared in the context o
f
— 
(A) the budget submission of the Department of the 
Interior to the President; and 
(B) the President's budget request to Congress; and 
(4) to improve pubhc use programs and faciUties of the 
System to meet the increasing needs of the pubhc for wildhfe-
dependent recreation in the 21st century. 
SEC. 303. NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL COMMIS- 
16 USC 668dd 
SION. 
note. 
(a) ESTABLISHMENT.—There is estabhshed the National Wildlife 
Refuge System Centennial Commission (referred to in this title 
as the "Commission"). 
(b) MEMBERS.— 
(1) IN GENERAL.—^The Commission shall be composed of— 
(A) the Director of the United States Fish and Wildlife 
Service; 
(B) up to 10 individuals appointed by the Secretary 
of the Interior; 
(C) the chairman and ranking minority member of 
the Committee on Resources of the House of Representa-
tives and of the Committee on Environment and Public 
Works of the Senate, who shall be nonvoting members; 
and 
(D) the congressional representatives of the Migratory 
Bird Conservation Commission, who shall be nonvoting 
members. 
(2) APPOINTMENTS.— 
(A) DEADLINE.—The members of the Commission shall 
be appointed not later than 90 days after the effective 
dateof this title. 
(B) 
APPOINTMENTS 
BY THE 
SECRETARY 
OP THE 
INTERIOR.— 
(i) IN GENERAL.—The members of the Commission 
appointed by the Secretary of the Interior under para-
graph (IXB)— 
(I) shall not be officers or employees of the 
Federal Government; and 
(II) shall, in the judgment of the Secretary— 
: 
(aa) represent the diverse beneficieiries of 
. 
the System; and 
(bb) have outstanding knowledge or appre-
ciation of wildlife, natural resource msinage-
ment, or wildlife-dependent recreation, 
(ii) 
REPRESENTATION 
OF 
VIEWS.—In 
making 
appointments under paragraph (1)(B), the Secretary 
of the Interior shall make every effort to ensure that 
the views of the hunting, fishing, and wildlife observa-
tion commiuiities are represented on the Commission. 
(3) VACANCIES.—Any vaceincy in the Commission— 
(A) shall not affect the power or duties of the Commis-
sion; and 
(B) shall be expeditiously filled in the same manner 
as the original appointment was made. 
(c) CHAIRPERSON.—^The Secretary of the Interior shall appoint 
one of the members as the Chairperson of the Commission. 
114 STAT. 1784 
PUBLIC LAW 106-408—NOV. 1, 2000 
(d) COMPENSATION.—The members of the Commission shall 
receive no compensation for their service on the Commission. 
(e) TRAVEL EXPENSES.— 
(1) LEGISLATIVE BRANCH MEMBERS.—The members of the 
Commission from the legislative branch of the Federal Govern-
ment shall be allowed necessary travel expenses, as authorized 
by other law for official travel, while away from their homes 
or regular places of business in the performance of services 
for the Commission. 
(2) EXECUTIVE BRANCH MEMBERS.—The members of the 
Commission from the executive branch of the Federal Govern-
ment shall be allowed necessary travel expenses in accordance 
with section 5702 of title 5, United States Code, while away 
from their homes or regular places of business in the perform-
ance of services for the Commission. 
(3) OTHER MEMBERS AND STAFF.—The members of the 
Commission appointed by the Secretary of the Interior and 
staff of the Commission may be allowed necessary travel 
expenses as authorized by section 5702 of title 5, United States 
Code, while away from their homes or regular places of business 
in the performance of services for the Commission. 
(f) DUTIES.—The Commission shall— 
(1) prepare, in cooperation with Federal, State, local, and 
nongovernmental partners, a plan to commemorate the centen-
nial of the National Wildlife Refuge System beginning on March 
14, 2003; 
(2) coordinate the activities of the partners under the plan; 
and 
(3) plan and host, in cooperation with the partners, a 
conference on the National Wildlife Refuge System, and assist 
in the activities of the conference. 
(g) STAFF.—Subject to the availability of appropriations, the 
Commission may employ such staff as are necessary to carry out 
the duties of the Commission. 
(h) DONATIONS.— 
(1) IN GENERAL.—The Commission may, in accordance with 
criteria established under paragraph (2), accept and use dona-
tions of money, personal property, or personal services. 
(2) CRITERIA.—The Commission shall establish written cri-
teria to be used in determining whether the acceptance of 
gifts or donations under paragraph (1) would— 
(A) reflect unfavorably on the ability of the Commission 
or any employee of the Commission to carry out its respon-
sibilities or official duties in a fair and objective manner; 
or 
(B) compromise the integrity or the appearance of the 
integrity of any person involved in the activities of the 
Commission. 
(i) 
ADMINISTRATIVE 
SUPPORT.—Upon 
the 
request 
of 
the 
Commission— 
(1) the Secretary of the Interior, acting through the Director 
of the United States Fish and Wildlife Service, may provide 
to the Commission such administrative support services as 
are necessary for the Commission to carry out the duties of 
the Commission under this title, including services relating 
to budgeting, accounting, financial reporting, personnel, and 
procurement; and 
PUBLIC LAW 106-408—NOV. 1, 2000 
114 STAT. 1785 
(2) the head of any other appropriate Federal agency may 
provide to the Commission such advice and assistance, with 
or without reimbursement, as are appropriate to assist the 
Commission in carrying out the duties of the Commission. 
(j) REPORTS.— 
(1) ANNUAL REPORTS.—Not later than 1 year after the 
effective date of this title, and annually thereafter, the Commis-
sion shall submit to Congress a report on the activities and 
plans of the Commission. 
(2) FINAL REPORT.—Not later than September 30, 2004, 
the Commission shall submit to the Committee on Resources 
of the House of Representatives and the Committee on Environ-
ment and Public Works of the Senate a final report on the 
activities of the Commission, including em accounting of all 
funds received £ind expended by the Commission. 
(k) TERMINATION.— 
(1) IN GENERAL.—^The Commission shall terminate 90 days 
after the date on which the Commission submits the final 
report under subsection (j). 
(2) DISPOSITION OF MATERL\LS.—Upon termination of the 
Commission and after consultation with the Archivist of the 
United States and the Secretary of the Smithsonian Institution, 
the Secretary of the Interior may— 
(A)(i) deposit all books, manuscripts, miscellaneous 
printed matter, memorabilia, relics, and other similar mate-
rials of the Commission relating to the centennial of the 
National Wildlife Refuge System in Federal, State, or local 
librsiries or museums; or 
(ii) otherwise dispose of such materials; and 
(B)(i) use other property acquired by the Commission 
for the purposes of the National Wildlife Refuge System; 
or 
(ii) treat such property as excess property. 
SEC. 
304. 
LONG-TERM 
PLANNING 
AND 
ANNUAL 
REPORTING 
REQUIRE-
MENTS 
REGARDING 
THE 
OPERATION 
AND 
MAINTENANCE 
BACKLOG. 
(a) UNIFIED LONG-TERM PLAN.—Not later than March 1, 2002, 
the Secretary of the Interior shall prepare and submit to Congress 
and the President a unified long-term plan to address priority 
operation, maintenance, and construction needs of the National 
Wildlife Refuge System, including— 
(1) priority staffing needs of the System; and 
(2) operation, maintenance, and construction needs as 
identified in— 
(A) the Refuge Operating Needs System; 
(B) the Maintenance Management System; 
(C) the 5-year deferred maintenance list; 
(D) the 5-year construction list; 
(E) the United States Fish and Wildlife Service report 
entitled "Fulfilling the Promise of America's National Wild-
life Refuge System"; and 
(F) individual 
refuge 
comprehensive 
conservation 
plans. 
(b) ANNUAL SUBMISSION.—Beginning with the submission to 
Congress of the budget for fiscal year 2003, the Secretary of the 
Termination. 
16 use 668dd 
note. 
Deadline. 
114 STAT. 1786 
PUBLIC LAW 106-408—NOV. 1, 2000 
16 use 668dd 
note. 
16 use 668dd 
note. 
16 use 668dd 
note. 
Interior shall prepare and submit to Congress, in the context of 
each annual budget submission, a report that contains— 
(1) an assessment of expenditures in the prior, current, 
and upcoming fiscal years to meet the operation and mainte-
nance backlog as identified in the long-term plan under sub-
section (a); and 
(2) a specification of transition costs, in the prior, current, 
and upcoming fiscal years, as identified in the analysis of 
newly acquired refuge land prepared by the Department of 
the Interior, and a description of the method used to determine 
the priority status of the transition costs. 
SEC. 305. YEAR OF THE NATIONAL WILDLIFE REFUGE. 
(a) FINDING.—Congress finds that designation of the year 2003 
as the "Year of the National Wildlife Refuge" would promote the 
goal of increasing public appreciation of the importance of the 
National Wildlife Refuge System. 
(b) PROCLAMATION.—The President is requested to issue a 
proclamation calling on the people of the United States to conduct 
appropriate programs, ceremonies, and activities to accomplish the 
goal of such a year. 
SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out the activi-
ties of the Commission under this title— 
(1) $100,000 for fiscal year 2001; and 
(2) $250,000 for each of fiscal years 2002 through 2004. 
SEC. 307. EFFECTIVE DATE. 
This title takes effect on January 20, 2001. 
Approved November 1, 2000. 
LEGISLATIVE HISTORY—H.R. 3671: 
HOUSE REPORTS: No. 106-554 (Comm. on Resources). 
SENATE REPORTS: No. 106-495 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Apr. 5, considered and passed House. 
Oct. 12, considered and passed Senate, amended. 
Oct. 18, House concurred in Senate amendments.