[Congressional Record Volume 144, Number 138 (Tuesday, October 6, 1998)]
[Senate]
[Pages S11628-S11629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT AMENDMENTS OF 
                                  1998

                                 ______
                                 

                       CHAFEE AMENDMENT NO. 3749

  Ms. SNOWE (for Mr. Chafee) proposed an amendment to the bill (S. 
2095) to reauthorize and amend the National Fish and Wildlife 
Foundation Establishment Act; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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

[[Page S11629]]

     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.).''.

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