[Congressional Record Volume 146, Number 26 (Thursday, March 9, 2000)]
[Senate]
[Pages S1431-S1434]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT AMENDMENTS

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Senate new 
proceed to the consideration of Calendar No. 440, S. 1653.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1653) to reauthorize and amend the National Fish 
     and Wildlife Foundation Establishment Act.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SMITH of New Hampshire. Mr. President, I am pleased that the 
Senate today has unanimously passed S. 1653, a bill to reauthorize and 
amend the National Fish and Wildlife Foundation. The Committee on 
Environment and Public Works, which I chair, reported this bill, again 
unanimously, last month. At that time, I noted how important it was to 
get the local communities and businesses involved in protecting the 
environment.
  The Foundation was created in 1984 because Congress saw the need to 
create a private, nonprofit organization that could build public-
private partnerships and consensus, where previously there had only 
been acrimony and, many times, contentious litigation. It was also 
envisioned that the Foundation would serve as an important tool in our 
effort to make a difference on the ground in communities throughout the 
United States. In its 16 years of existence the Foundation has more 
than lived up to our original expectations.
  We have long known that the Federal government does not have all the 
financial resources necessary to solve the numerous environmental 
problems that exist in our country. We also know that local communities 
care and know more about their natural environment than the agencies in 
Washington, D.C. More often than not local communities recognize 
problems before they become environmental disasters that require 
significant amounts of money to resolve, if they can even be resolved. 
In order to ensure that the funds are available to local communities 
the Foundation has established something called ``challenge grants.''
  ``Challenge grants'' are a mixture of federal and non-federal funds 
directed to on-the-ground conservation projects. They are called 
``challenge grants'' because any grant awarded is expected to be 
matched by non-federal dollars. During this time of fiscal constraint, 
it is important to use all available resources to help us protect the 
environment. Local communities, states, individuals, nonprofit 
organizations and

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businesses can apply to the Foundation for a ``challenge grant'' for a 
specific project in one of five major areas: conservation education, 
wetlands and private lands, neotropical bird conservation, fisheries 
conservation and management, and wildlife and habitat management.
  Since 1984, the Foundation has raised over $305 million in private 
donations using $135 million in Federal funds as leverage. Last year 
alone, they raised more than $50 million using $17 million of federal 
seed money. With these funds, the Foundation has financed more than 
3,500 conservation projects throughout the United States and in 35 
other countries. This is an extremely impressive record. Moreover, all 
of the Foundation's operating costs are covered by private donations, 
which means that federal and private dollars given for conservation are 
spent only on conservation.
  The Foundation's 1999 annual report was just released, and I 
encourage all my colleagues to take a look at the number of 
partnerships that the Foundation has forged with, and the range of 
innovative projects that they have spearheaded. The organizations that 
the Foundation works with are a virtual who's who in the business 
world. Let me take a few minutes to discuss some of the projects they 
are currently working on.
  The Foundation has pioneered some notable conservation programs, 
including implementing the North American Waterfowl Management plan, 
Partners in Flight for neotropical birds, Bring Back the Natives 
Program, the Exxon Save the Tiger Fund, and the establishment of the 
Conservation Plan for Sterling Forest in New York and New Jersey, to 
name a few.
  The Shell Oil Company has pledged $5 million to the Foundation over 
the next five years to create the Shell Marine Habitat Program, a 
matching grant program. The Shell Marine Habitat Program supports 
problem-solving habitat restoration projects, practical research, 
education programs and innovative partnerships to preserve the Gulf of 
Mexico and Gulf coast marine environments. Funding is focused on 
efforts to reduce hypoxia and red and brown tides, and to protect 
barrier islands, coral reefs and other marine habitats. Last year alone 
$3.4 million were spent on these efforts, $3.15 million of which was 
from Shell and other private donors. More importantly, this project is 
receiving a significant amount of local support. A day-long effort last 
year to restore saltmarsh habitat had over 1,500 volunteers who planted 
57,000 plants. It is these kinds of efforts that will make a 
significant difference to the health of the Gulf of Mexico.
  Another fine example is the Budweiser Outdoor Programs. For six weeks 
last fall, a percentage of all bottles and cans of Budweiser sold was 
allocated for conservation purposes. The Foundation partnership with 
Budweiser resulted in more than a quarter of a million dollars that 
will help conserve vital elk and deer habitat, enhance wetlands and 
sustain healthy upland game bird populations in the Rocky Mountains.
  In New Hampshire the Foundation worked closely with local 
organizations to purchase a 60-acre conservation easement along the 
entire shoreline of Clarksville Pond. Clarksville Pond is a beautiful 
area located in the heart of the Northern Forest. The owners of this 
land own a small campground that they needed to make some improvements 
which they could not afford. The sale of a permanent public access 
conservation easement was one way the property owners could raise the 
necessary funds without selling their land, and losing their 
livelihood. This is a win-win situation for everyone involved. The 
property owners were able to keep their land, the public was granted 
permanent access to the pond, and this beautiful area will remain 
undeveloped.
  As I said, the National Fish and Wildlife Foundation has more than 
fulfilled the hopes of its original sponsors. It has helped to bring 
cooperative solutions to some difficult natural resource issues and is 
becoming widely recognized for its innovative approach to solving 
environmental problems. I strongly support the Foundation's work and 
want it to continue its important conservation efforts.
  Mr. President, this legislation is quite simple. It makes three key 
changes to current law. First, the bill would expand the Foundation's 
governing Board of Directors from 15 members to 25 members. This will 
allow a greater number of individuals with a strong interest in 
conservation to actively participate in, and contribute to, the 
Foundation's activities.
  The bill's second key feature would expand the Foundation's 
jurisdiction. Currently, the Foundation is only authorized to work with 
the Fish and Wildlife Service and the National Oceanic and Atmospheric 
Administration. S. 1653 would authorize them to work with all agencies 
within the Department of the Interior and the Department of Commerce. 
Mr. President, it is my view that the Foundation has an excellent track 
record, and all the agencies within the Departments of the Interior and 
Commerce should benefit from their knowledge and experience.
  Finally, the bill would reauthorize appropriations to the Department 
of the Interior and the Department of Commerce through 2004.
  Mr. President, last year this bill passed the Senate by unanimous 
consent, but unfortunately the House was unable to duplicate our 
efforts. I believe that this legislation will produce real conservation 
benefits and I thank my colleagues for once again giving the bill their 
support.
  Mr. BAUCUS. Mr. President, I rise to strongly support the passage of 
S. 1653, the National Fish and Wildlife Foundation Establishment Act 
Amendments, a bipartisan bill that will encourage cooperative 
approaches to wildlife conservation.
  By way of background, in 1984, with broad bipartisan support, 
Congress created the National Fish and Wildlife Foundation, a nonprofit 
corporation with the mission of conserving our nation's fish, wildlife, 
plant, and other natural resources.
  Over the past 15 years, the Foundation has established a solid track 
record. It has achieved on-the-ground results. it has also stretched 
federal dollars and built public-private partnerships essential to 
conservation efforts. All told, the Foundation has provided more than 
3,500 grants to over 940 private local organizations, state and country 
governments, tribes, federal and interstate agencies, and colleges and 
universities in all 50 states.
  By requiring grantees to match Foundation grants with non-federal 
funds, the $135 million in federal funds invested by the Foundation 
have been leveraged to deliver more than $440 million to natural 
resource conservation efforts. Significantly, these funds are used to 
help build public-private partnerships among individual landowners, 
government and tribal agencies, conservation organizations, and 
business. The result is the development of consensus, locally-driven 
solutions to the challenges involved in protecting and managing fish, 
wildlife, plants, and other natural resources.
  In my home state of Montana, where fishing, hunting, and the 
enjoyment of our natural resources are deeply ingrained into our way of 
life, the Foundation has made important contributions to conservation 
efforts. These contributions include supporting environmental 
education, habitat restoration and protection, resource management, and 
the development of conservation policy.
  In 2000, the Foundation will support nine important projects in 
Montana, for a total $821,700. These projects include restoring arctic 
grayling within their historic range in the upper Missouri River basin; 
improving trout passage through the Milltown Dam to assist fluvial 
westslope cutthroat and bull trout moving upstream to spawn; supporting 
the Interagency Grizzly Bear Committee; supporting a comprehensive K 
thru 12 environmental education program for 300 Bitterroot Valley 
students; and partnerships with private landowners to conserve 
Montana's shortgrass prairie habitat and the bird species it supports.
  Let me describe one of these efforts in a little more detail. In 
Northwest Montana, westslope cutthroat and bull trout have declined 
throughout their historic range over the last 100 years, in part 
because of barriers that limit their spawning migrations.
  To address this problem, the Montana Department of Fish, Wildlife and 
Parks, working with the Blackfoot Chapter of Trout Unlimited will 
capture, tag, and transport mature

[[Page S1433]]

westslope cutthroat and bull trout around Milltown Dam near Missoula 
and release them upstream of the dam so the fish can continue their 
spawning migration in the upper Clark Fork watershed (including the 
Blackfork River and its tributaries, and the Rock Creek drainage). 
Radio transmitters will be implanted in the fish to monitor their 
spawning sites and success.
  This is just one example. Over the years, the Foundation has funded 
187 projects and delivered a total of almost $13 million to 
conservation projects in Montana.
  Mr. President, even with these accomplishments, the need to conserve 
the nation's natural resources remains. Today, in too many areas of the 
country, the health and sustainability of fish, wildlife, and plants, 
and the habitats on which they depend, are threatened. Bitter disputes 
continue to arise among interests when solutions to difficult natural 
resource problems are sought. Tight budgets often severely limit the 
ability of governments and private entities to adequately address 
conservation challenges. Because of all these factors, the Foundation, 
which promotes conservation by building partnerships and consensus, is 
as important today as it was in 1984.
  The bill we are considering, the National Fish and Wildlife 
Foundation Establishment Act Amendments, will increase the Foundation's 
ability to carry out its mission. First and foremost, the legislation 
authorizes federal appropriations through 2004 to support the 
Foundation's work. The legislation also strengthens the Foundation by 
increasing the size of its board of directors and allowing board 
members to be removed for nonperformance. Finally, the bill broadens 
the Foundation's authority by allowing it to work with all agencies 
within the Departments of Interior and Commerce.
  The legislation is nearly identical to legislation the Senate passed 
last year.
  Mr. President, the National Fish and Wildlife Foundation has provided 
valuable assistance to this nation's natural resource conservation 
efforts over the past 15 years. If the legislation we are considering 
today is enacted, I have no doubt that the Foundation will continue its 
solid record of accomplishment. I urge my colleagues to support this 
important legislation.
  Mr. GRAMS. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1653) was read a third time and passed, as follows:

                                S. 1653

       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 1999''.

     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 and 
     the Department of Commerce to further the conservation and 
     management of fish, wildlife, plants, and other natural 
     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, plants, and other natural 
     resources.
       ``(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 educated or experienced in fish, 
     wildlife, or other natural resource conservation;
       ``(ii) at least 4 shall be educated or experienced in the 
     principles of fish, wildlife, or other natural resource 
     management; and
       ``(iii) at least 4 shall be educated 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, a 
     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.
       ``(6) Request for removal.--The Executive Committee of the 
     Board may submit to the Secretary a letter describing the 
     nonperformance of a Director and requesting the removal of 
     the Director from the Board.
       ``(7) Consultation before removal.--Before removing any 
     Director from the Board, the Secretary shall consult with the 
     Secretary of Commerce.''.
       (c) 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--
       (A) by striking ``Secretary'' and inserting ``Secretary of 
     the Interior or the Secretary of Commerce''; and
       (B) 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, plants, and 
     other natural 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

[[Page S1434]]

     which the funds were provided of the proposed acquisition, 
     and the agency does not object in writing to the proposed 
     acquisition within 60 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 60 
     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 60 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, plants, and 
     other natural resources; 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) Expenditures for Printing Services or Capital 
     Equipment.--Section 4 of the National Fish and Wildlife 
     Foundation Establishment Act (16 U.S.C. 3703) is amended by 
     adding at the end the following:
       ``(h) 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. FUNDING.

       Section 10 of the National Fish and Wildlife Foundation 
     Establishment Act (16 U.S.C. 3709) is amended to read as 
     follows:

     ``SEC. 10. FUNDING.

       ``(a) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this Act for each of fiscal years 2000 through 
     2004--
       ``(A) $30,000,000 to the Department of the Interior; and
       ``(B) $10,000,000 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, plants, and 
     other natural 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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