[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1494 Reported in Senate (RS)]

                                                       Calendar No. 517
112th CONGRESS
  2d Session
                                S. 1494

                          [Report No. 112-215]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2011

  Mrs. Boxer (for herself, Mr. Cardin, Mr. Cochran, Mr. Roberts, Mr. 
Thune, Mr. Bingaman, Mr. Baucus, Mr. Whitehouse, Mr. Tester, Ms. Snowe, 
Ms. Collins, Ms. Murkowski, Mr. Udall of New Mexico, and Ms. Stabenow) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                           September 19, 2012

                Reported by Mrs. Boxer, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``National Fish and Wildlife 
Foundation Reauthorization Act of <DELETED>2011</DELETED> 2012''.

SEC. 2. BOARD OF DIRECTORS OF THE FOUNDATION.

    (a) In General.--Section 3 of the National Fish and Wildlife 
Foundation Establishment Act (16 U.S.C. 3702) is amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) In general.--After consulting with the Secretary of 
        Commerce and considering the recommendations submitted by the 
        Board, the Secretary of the Interior shall appoint 28 Directors 
        who, to the maximum extent practicable, shall--
                    ``(A) be knowledgeable and experienced in matters 
                relating to conservation of fish, wildlife, or other 
                natural resources; and
                    ``(B) represent a balance of expertise in ocean, 
                coastal, freshwater, and terrestrial resource 
                conservation.''; and
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Terms.--Each Director (other than a Director 
        described in paragraph (1)) shall be appointed for a term of 6 
        years.''; and
            (2) in subsection (g)(2)--
                    (A) in subparagraph (A), by striking ``(A) Officers 
                and employees may not be appointed until the Foundation 
                has sufficient funds to pay them for their service. 
                Officers'' and inserting the following:
                    ``(A) In general.--Officers''; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Executive director.--The Foundation shall 
                have an Executive Director who shall be--
                            ``(i) appointed by, and serve at the 
                        direction of, the Board as the chief executive 
                        officer of the Foundation; and
                            ``(ii) knowledgeable and experienced in 
                        matters relating to fish and wildlife 
                        conservation.''.
    (b) Conforming Amendment.--Section 4(a)(1)(B) of the North American 
Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is amended by 
striking ``Secretary of the Board'' and inserting ``Executive Director 
of the Board''.

SEC. 3. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

    Section 4 of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3703) is amended--
            (1) in subsection (c)--
                    (A) by striking ``(c) Powers.--To carry out its 
                purposes under'' and inserting the following:
    ``(c) Powers.--
            ``(1) In general.--To carry out the purposes described 
        in'';
                    (B) by redesignating paragraphs (1) through (11) as 
                subparagraphs (A) through (K), respectively, and 
                indenting appropriately;
                    (C) in subparagraph (D) (as redesignated by 
                subparagraph (B)), by striking ``that are insured by an 
                agency or instrumentality of the United States'' and 
                inserting ``at 1 or more financial institutions that 
                are members of the Federal Deposit Insurance 
                Corporation or the Securities Investment Protection 
                Corporation'';
                    (D) in subparagraph (E) (as redesignated by 
                subparagraph (B)), by striking ``paragraph (3) or (4)'' 
                and inserting ``subparagraph (C) or (D)'';
                    (E) in subparagraph (J) (as redesignated by 
                subparagraph (B)), by striking ``; and'' and inserting 
                a semicolon;
                    (F) by striking subparagraph (K) (as redesignated 
                by subparagraph (B)) and inserting the following:
                    ``(K) to receive and administer restitution and 
                community service payments, amounts for mitigation of 
                impacts to natural resources, and other amounts arising 
                from legal, regulatory, or administrative proceedings, 
                subject to the condition that the amounts are received 
                or administered for purposes that further the 
                conservation and management of fish, wildlife, plants, 
                and other natural resources; and
                    ``(L) to do any and all acts necessary and proper 
                to carry out the purposes of the Foundation.''; and
                    (G) by striking the undesignated matter at the end 
                and inserting the following:
            ``(2) Treatment of real property.--
                    ``(A) In general.--For purposes of this Act, an 
                interest in real property shall be treated as including 
                easements or other rights for preservation, 
                conservation, protection, or enhancement by and for the 
                public of natural, scenic, historic, scientific, 
                educational, inspirational, or recreational resources.
                    ``(B) Encumbered real property.--A gift, devise, or 
                bequest may be accepted by the Foundation even though 
                the gift, devise, or bequest is encumbered, restricted, 
                or subject to beneficial interests of private persons 
                if any current or future interest in the gift, devise, 
                or bequest is for the benefit of the Foundation.
            ``(3) Savings clause.--The acceptance and administration of 
        amounts by the Foundation under paragraph (1)(K) does not 
        alter, supersede, or limit any regulatory or statutory 
        requirement associated with those amounts.'';
            (2) by striking subsections (f) and (g); and
            (3) by redesignating subsections (h) and (i) as subsections 
        (f) and (g), respectively.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 10 of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3709) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this Act for each of fiscal <DELETED>years 2011 
        through 2015--
                <DELETED>    ``(A) $20,000,000 to the Secretary of the 
                Interior;</DELETED>
        years 2012 through 2017--
                    ``(A) $15,000,000 to the Secretary of the Interior;
                    ``(B) $5,000,000 to the Secretary of Agriculture; 
                and
                    ``(C) $5,000,000 to the Secretary of Commerce.'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Amounts from federal agencies.--
                    ``(A) In general.--In addition to the amounts 
                authorized to be appropriated under <DELETED>subsection 
                (a), the Foundation may accept Federal funds from 
                Federal departments, agencies, or instrumentalities for 
                use by the Foundation,</DELETED> subsection (a), 
                Federal departments, agencies, or instrumentalities may 
                provide Federal funds to the Foundation, subject to the 
                condition that the amounts are used for purposes that 
                further the conservation and management of fish, 
                wildlife, plants, and other natural resources in 
                accordance with this Act.
                    ``(B) Advances.--Federal departments, agencies, or 
                instrumentalities may advance amounts described in 
                subparagraph (A) to the Foundation in a lump sum 
                without regard to when the expenses for which the 
                amounts are used are incurred.
                    ``(C) Management fees.--The Foundation may assess 
                and collect fees for the management of amounts received 
                under this paragraph.'';
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking 
                        ``funds'' and inserting ``amounts'';
                            (ii) by striking ``shall be used'' and 
                        inserting ``may be used''; and
                            (iii) by striking ``and State and local 
                        government agencies'' and inserting ``, State 
                        and local government agencies, and other 
                        entities''; and
                    (C) by adding at the end the following:
            ``(3) Administration of amounts.--
                    ``(A) In general.--In entering into contracts, 
                agreements, or other partnerships pursuant to this Act, 
                a Federal department, agency, or instrumentality shall 
                have discretion to waive any competitive process of 
                that department, agency, or instrumentality for 
                entering into contracts, agreements, or partnerships 
                with the Foundation if the purpose of the waiver is--
                            ``(i) to address an environmental emergency 
                        resulting from a natural or other disaster; or
                            ``(ii) as determined by the head of the 
                        applicable Federal department, agency, or 
                        instrumentality, to reduce administrative 
                        expenses and expedite the conservation and 
                        management of fish, wildlife, plants, and other 
                        natural resources.
                    ``(B) Reports.--The Foundation shall include in the 
                annual report submitted under section 7(b) a 
                description of any use of the authority under 
                subparagraph (A) by a Federal department, agency, or 
                instrumentality in that fiscal year.''; and
            (3) by adding at the end the following:
    ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
Property.--Any gifts, devises, or bequests of amounts or other 
property, or any other amounts or other property, transferred to, 
deposited with, or otherwise in the possession of the Foundation 
pursuant to this Act, may be made available by the Foundation to 
Federal departments, agencies, or instrumentalities and may be accepted 
and expended (or the disposition of the amounts or property directed), 
without further appropriation, by those Federal departments, agencies, 
or instrumentalities, subject to the condition that the amounts or 
property be used for purposes that further the conservation and 
management of fish, wildlife, plants, and other natural resources.''.

SEC. 5. LIMITATION ON AUTHORITY.

    Section 11 of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3710) is amended by inserting 
``exclusive'' before ``authority''.
                                                       Calendar No. 517

112th CONGRESS

  2d Session

                                S. 1494

                          [Report No. 112-215]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 19, 2012

                        Reported with amendments