[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[House]
[Pages H10475-H10477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT AMENDMENTS OF 
                                  1998

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 2095) to reauthorize and amend the National Fish and 
Wildlife Foundation Establishment Act, as amended.
  The Clerk read as follows:

                                S. 2095

       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 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

[[Page H10476]]

     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 and 
     2000--
       ``(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.
       ``(d) Prohibition on Use of Grant Amounts for Introduction 
     of Wolves or Grizzly Bears.--Amounts provided as a grant by 
     the Foundation shall not be used for any activity related to 
     the introduction

[[Page H10477]]

     of wolves or grizzly bears in Idaho, Montana, Utah, or 
     Wyoming.''.

     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.).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Saxton) and the gentleman from California (Mr. Miller) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the bill before the House, S. 2095, provides for the 
reauthorization of the National Fish and Wildlife Foundation. Since its 
creation in 1984, the Foundation has fostered many partnerships through 
a challenge grant program, awarding over 2,800 peer reviewed 
competitive grants to more than 825 organizations, leveraging 
approximately 85 million Federal dollars into $300 million for on-the-
ground conservation.
  New Jersey is typical of the many activities and partnerships the 
National Fish and Wildlife Foundation enables. At Cape May, for 
example, the foundation has supported migratory bird habitat 
improvements. In my area it has supported the improvements at the Edwin 
B. Forsythe National Wildlife Refuge, and one of its Earth Stewards 
student grants to the Smithville Elementary School won a prestigious 
national award.
  During the 105th Congress, the Subcommittee on Fisheries 
Conservation, Wildlife and Oceans of the Committee on Resources held 
several hearings on the effectiveness of the foundation, the success or 
failure of its matching grants program and whether our taxpayers' money 
is being soundly invested.
  This bill addresses many of the concerns that the Members raised in 
the oversight process. We have kept the current authorization level for 
the Department of Interior at $25 million, the same as it was in 1994.
  The bill provides for the use of foundation grants to cover lobbying 
and litigation and revokes authority to prohibit State and local 
condemnation.
  Mr. Speaker, this bill is a combination of issues that both Members 
of the House and Senate were interested in having addressed in a final 
bill.
  This bill will allow the National Fish and Wildlife Foundation to 
continue the good work that they do for our Nation's fish and natural 
resources. I think it is a compromise that the House of Representatives 
should support, and I urge my colleagues to join me in adopting this 
bill.

                              {time}  1815

  Mr. SAXTON. Mr. Speaker, I have no further speakers at this time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Brady of Texas). The question is on the 
motion offered by the gentleman from New Jersey (Mr. Saxton) that the 
House suspend the rules and pass the Senate bill, S. 2095, as amended.
  The question was taken.
  Mr. MILLER of California. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________