[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2095 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 2095

_______________________________________________________________________

                                 AN ACT


 
  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.

    This Act may be cited as the ``National Fish and Wildlife 
Foundation Establishment Act Amendments of 1998''.

SEC. 2. PURPOSES.

    Section 2(b) of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph 
(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 Department of the Interior or 
        the Department of Commerce, particularly the United States Fish 
        and Wildlife Service and the National Oceanic and Atmospheric 
        Administration, to further the conservation and management of 
        fish, wildlife, and plant resources;''.

SEC. 3. 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 and 
        management of fish, wildlife, and plants.
            ``(3) Not federal employees.--Appointment as a Director of 
        the Foundation shall not constitute employment by, or the 
        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 Foundation.
            ``(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 Secretary of the Interior shall appoint 23 
                Directors who meet the criteria established by 
                subsection (a), of whom--
                            ``(i) at least 6 shall be knowledgeable or 
                        experienced in fish and wildlife conservation;
                            ``(ii) at least 4 shall be educated or 
                        experienced in the principles of fish and 
                        wildlife management; and
                            ``(iii) at least 4 shall be knowledgeable 
                        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 enactment of this paragraph shall continue 
                        to serve until the expiration of their terms.
                            ``(ii) New directors.--The Secretary of the 
                        Interior shall appoint 8 new Directors; to the 
                        maximum extent practicable those appointments 
                        shall be made not later than 45 calendar days 
                        after the date of enactment of this paragraph.
            ``(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 
                positions.--Of the Directors appointed by the Secretary 
                of the Interior under paragraph (2)(B)(ii), the 
                Secretary shall appoint--
                            ``(i) 2 Directors for a term of 2 years;
                            ``(ii) 3 Directors for a term of 4 years; 
                        and
                            ``(iii) 3 Directors for a term of 6 years.
            ``(4) Vacancies.--
                    ``(A) In general.--The Secretary of the Interior 
                shall fill a vacancy on the Board; to the maximum 
                extent practicable the vacancy shall be filled not 
                later than 45 calendar days after the occurrence of the 
                vacancy.
                    ``(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 
        individual described in paragraph (1)) shall not serve more 
        than 2 consecutive terms as a Director, excluding any term of 
        less than 6 years.''.
    (c) Procedural Matters.--Section 3 of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by 
adding at the end the following:
    ``(h) Procedural Matters.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Foundation.''.
    (d) Technical Amendments.--
            (1) Section 4(c)(5) of the National Fish and Wildlife 
        Foundation Establishment 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 by striking 
        ``Secretary'' and inserting ``Secretary of the Interior or the 
        Secretary of Commerce''.
            (3) Section 6 of the National Fish and Wildlife Foundation 
        Establishment Act (16 U.S.C. 3705) is amended by inserting ``or 
        the Department of Commerce'' after ``Department of the 
        Interior''.

SEC. 4. 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 
        paragraphs (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 payments under 
        cooperative agreements entered into with willing private 
        landowners to provide substantial long-term benefits for the 
        restoration or enhancement of fish, wildlife, and plant 
        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 
        administers 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 45 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.
    (e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B) 
of the National Fish and Wildlife Foundation Establishment Act (16 
U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting 
the following:
            ``(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 agency does not object in writing to the 
        proposed conveyance or provision of Federal funds within 45 
        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:
            ``(5) Reconveyance of real property.--The Foundation 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 
        administers the Federal program under which the funds were 
        provided, and the agency does not disagree within 45 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, and plants; and
                    ``(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) Termination of Condemnation Limitation.--Section 4 of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703) is amended by striking subsection (d).
    (h) Expenditures for Printing Services or Capital Equipment.--
Section 4 of the National Fish and Wildlife Foundation Establishment 
Act (16 U.S.C. 3703) (as amended by subsection (g)) is amended by 
inserting after subsection (c) the following:
    ``(d) Expenditures for Printing Services or Capital Equipment.--The 
Foundation shall not make any expenditure of Federal funds in 
connection with any 1 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. 5. AUTHORIZATION OF APPROPRIATIONS.

    Section 10 of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3709) is amended by striking subsections 
(a), (b), and (c) and 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 1999 through 
        2003--
                    ``(A) $25,000,000 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 provided to 
        the Foundation for use for matching, on a 1-to-1 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 conservation and 
        management of fish, wildlife, and plant resources in accordance 
        with the requirements of this Act.
            ``(2) Use of funds accepted from federal agencies.--Federal 
        funds provided to the Foundation under 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 and 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 
        legislation pending before Congress.''.

SEC. 6. 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:

``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 Public Law 90-209 (16 U.S.C. 19e et seq.).''.

            Passed the Senate October 6 (legislative day, October 2), 
      1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 2095

_______________________________________________________________________

                                 AN ACT

  To reauthorize and amend the National Fish and Wildlife Foundation 
                           Establishment Act.