[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2376 Introduced in House (IH)]







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 Representatives 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 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 
considered to be made to a section or other provision of the National 
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 ``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 conservation.''; 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 Commerce shall each be''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Appointment and Terms.--
            ``(1) In general.--The Secretary of the Interior (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 
        consecutive 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 vacancy 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 subsection (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 appointment 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 expires 
                December 31, 1999;
                    (B) 2 shall be appointed to a term that expires 
                December 31, 2001; and
                    (C) 2 shall be appointed to a term that expires 
                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 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 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 public 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 Property.--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 acquisition within 60 days after the 
        date of that notification.''; 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 follows:
    ``(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 notification, 
that--
            ``(A) the property is no longer valuable for the purposes 
        of fish and wildlife conservation or management; and
            ``(B) the purposes of the Foundation would be better served 
        by the use of the proceeds of the conveyance for authorized 
        activities of the Foundation.''.
    (f) Termination of Condemnation Limitation; Expenditures 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 expenditure 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 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 section 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 prohibit officers 
or employees of the Foundation from communicating 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 Foundation.''.

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 Secretary 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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