[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H10017-H10026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FISH AND WILDLIFE PROGRAMS IMPROVEMENT AND NATIONAL WILDLIFE REFUGE
SYSTEM CENTENNIAL ACT OF 2000
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
concur in the Senate amendments to the bill (H.R. 3671) to amend the
Acts popularly known as the Pittman-Robertson Wildlife Restoration Act
and the Dingell-Johnson Sport Fish Restoration Act to enhance the funds
available for grants to States for fish and wildlife conservation
projects and increase opportunities for recreational hunting, bow
hunting, trapping, archery, and fishing, by eliminating opportunities
for waste, fraud, abuse, maladministration, and unauthorized
expenditures for administration and execution of those acts, and for
other purposes.
The Clerk read as follows:
Senate amendments:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fish and
Wildlife Programs Improvement and National Wildlife Refuge
System Centennial Act of 2000''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--WILDLIFE AND SPORT FISH RESTORATION PROGRAMS
Sec. 101. Short titles.
Subtitle A--Wildlife Restoration
Sec. 111. Expenses for administration.
Sec. 112. Firearm and bow hunter education and safety program grants.
Sec. 113. Multistate conservation grant program.
Sec. 114. Miscellaneous provision.
Subtitle B--Sport Fish Restoration
Sec. 121. Expenses for administration.
Sec. 122. Multistate conservation grant program.
Sec. 123. Funding of the Coastal Wetlands Planning, Protection and
Restoration Act.
Sec. 124. Period of availability.
Sec. 125. Miscellaneous provision.
Sec. 126. Conforming amendment.
Subtitle C--Wildlife and Sport Fish Restoration Programs
Sec. 131. Designation of programs.
Sec. 132. Assistant Director for Wildlife and Sport Fish Restoration
Programs.
Sec. 133. Reports and certifications.
TITLE II--NATIONAL FISH AND WILDLIFE FOUNDATION
Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Board of Directors of the Foundation.
Sec. 204. Rights and obligations of the Foundation.
Sec. 205. Annual reporting of grant details.
Sec. 206. Notice to Members of Congress.
Sec. 207. Authorization of appropriations.
Sec. 208. Limitation on authority.
TITLE III--NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. National Wildlife Refuge System Centennial Commission.
Sec. 304. Long-term planning and annual reporting requirements
regarding the operation and maintenance backlog.
Sec. 305. Year of the National Wildlife Refuge.
Sec. 306. Authorization of appropriations.
Sec. 307. Effective date.
TITLE I--WILDLIFE AND SPORT FISH RESTORATION PROGRAMS
SEC. 101. SHORT TITLES.
(a) This Title.--This title may be cited as the ``Wildlife
and Sport Fish Restoration Programs Improvement Act of
2000''.
(b) Pittman-Robertson Wildlife Restoration Act.--The Act of
September 2, 1937 (16 U.S.C. 669 et seq.), is amended by
adding at the end the following:
``SEC. 13. SHORT TITLE.
``This Act may be cited as the `Pittman-Robertson Wildlife
Restoration Act'.''.
(c) Dingell-Johnson Sport Fish Restoration Act.--The Act of
August 9, 1950 (16 U.S.C. 777 et seq.), is amended by adding
at the end the following:
``SEC. 15. SHORT TITLE.
``This Act may be cited as the `Dingell-Johnson Sport Fish
Restoration Act'.''.
Subtitle A--Wildlife Restoration
SEC. 111. EXPENSES FOR ADMINISTRATION.
(a) Set-Aside for Expenses for Administration of the
Pittman-Robertson Wildlife Restoration Act.--Section 4 of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c)
is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by striking ``Sec. 4.'' and all that follows through
the end of the first sentence of subsection (a) and inserting
the following:
``SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.
``(a) Set-Aside for Expenses for Administration of the
Pittman-Robertson Wildlife Restoration Act.--
``(1) In general.--
``(A) Set-aside.--For fiscal year 2001 and each fiscal year
thereafter, of the revenues (excluding interest accruing
under section 3(b)) covered into the fund for the fiscal
year, the Secretary of the Interior may use not more than the
available amount specified in subparagraph (B) for the fiscal
year for expenses for administration incurred in
implementation of this Act, in accordance with this
subsection and section 9.
``(B) Available amounts.--The available amount referred to
in subparagraph (A) is--
``(i) for each of fiscal years 2001 and 2002, $9,000,000;
``(ii) for fiscal year 2003, $8,212,000; and
``(iii) for fiscal year 2004 and each fiscal year
thereafter, the sum of--
``(I) the available amount for the preceding fiscal year;
and
``(II) the amount determined by multiplying--
``(aa) the available amount for the preceding fiscal year;
and
``(bb) the change, relative to the preceding fiscal year,
in the Consumer Price Index for All Urban Consumers published
by the Department of Labor.
[[Page H10018]]
``(2) Period of availability; apportionment of unobligated
amounts.--
``(A) Period of availability.--For each fiscal year, the
available amount under paragraph (1) shall remain available
for obligation for use under that paragraph until the end of
the fiscal year.
``(B) Apportionment of unobligated amounts.--Not later than
60 days after the end of a fiscal year, the Secretary of the
Interior shall apportion among the States any of the
available amount under paragraph (1) that remains unobligated
at the end of the fiscal year, on the same basis and in the
same manner as other amounts made available under this Act
are apportioned among the States for the fiscal year.
``(b) Apportionment to States.--'';
(3) in subsection (b) (as designated by paragraph (2)), by
striking ``after making the aforesaid deduction, shall
apportion, except as provided in subsection (b) of this
section,'' and inserting ``after deducting the available
amount under subsection (a), the amount apportioned under
subsection (c), any amount apportioned under section 8A, and
amounts provided as grants under sections 10 and 11, shall
apportion''; and
(4) in the first sentence of subsection (c) (as
redesignated by paragraph (1)), by inserting ``Puerto Rico,''
after ``American Samoa,''.
(b) Requirements and Restrictions Concerning Use of Amounts
for Expenses for Administration.--Section 9 of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669h) is
amended to read as follows:
``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF
AMOUNTS FOR EXPENSES FOR ADMINISTRATION.
``(a) Authorized Expenses for Administration.--Except as
provided in subsection (b), the Secretary of the Interior may
use available amounts under section 4(a)(1) only for expenses
for administration that directly support the implementation
of this Act that consist of--
``(1) personnel costs of employees who directly administer
this Act on a full-time basis;
``(2) personnel costs of employees who directly administer
this Act on a part-time basis for at least 20 hours each
week, not to exceed the portion of those costs incurred with
respect to the work hours of the employee during which the
employee directly administers this Act, as those hours are
certified by the supervisor of the employee;
``(3) support costs directly associated with personnel
costs authorized under paragraphs (1) and (2), excluding
costs associated with staffing and operation of regional
offices of the United States Fish and Wildlife Service and
the Department of the Interior other than for the purposes of
this Act;
``(4) costs of determining under section 6(a) whether State
comprehensive plans and projects are substantial in character
and design;
``(5) overhead costs, including the costs of general
administrative services, that are directly attributable to
administration of this Act and are based on--
``(A) actual costs, as determined by a direct cost
allocation methodology approved by the Director of the Office
of Management and Budget for use by Federal agencies; and
``(B) in the case of costs that are not determinable under
subparagraph (A), an amount per full-time equivalent employee
authorized under paragraphs (1) and (2) that does not exceed
the amount charged or assessed for costs per full-time
equivalent employee for any other division or program of the
United States Fish and Wildlife Service;
``(6) costs incurred in auditing, every 5 years, the
wildlife and sport fish activities of each State fish and
game department and the use of funds under section 6 by each
State fish and game department;
``(7) costs of audits under subsection (d);
``(8) costs of necessary training of Federal and State
full-time personnel who administer this Act to improve
administration of this Act;
``(9) costs of travel to States, territories, and Canada by
personnel who--
``(A) administer this Act on a full-time basis for purposes
directly related to administration of State programs or
projects; or
``(B) administer grants under section 6, 10, or 11;
``(10) costs of travel outside the United States (except
travel to Canada), by personnel who administer this Act on a
full-time basis, for purposes that directly relate to
administration of this Act and that are approved directly by
the Assistant Secretary for Fish and Wildlife and Parks;
``(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time basis for
at least 1 year, as certified by the Director of the United
States Fish and Wildlife Service at the time at which the
relocation expenses are incurred; and
``(12) costs to audit, evaluate, approve, disapprove, and
advise concerning grants under sections 6, 10, and 11.
``(b) Reporting of Other Uses.--
``(1) In general.--Subject to paragraph (2), if the
Secretary of the Interior determines that available amounts
under section 4(a)(1) should be used for an expense for
administration other than an expense for administration
described in subsection (a), the Secretary--
``(A) shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Resources of
the House of Representatives a report describing the expense
for administration and stating the amount of the expense; and
``(B) may use any such available amounts for the expense
for administration only after the end of the 30-day period
beginning on the date of submission of the report under
subparagraph (A).
``(2) Maximum amount.--For any fiscal year, the Secretary
of the Interior may use under paragraph (1) not more than
$25,000.
``(c) Restriction on Use To Supplement General
Appropriations.--The Secretary of the Interior shall not use
available amounts under subsection (b) to supplement the
funding of any function for which general appropriations are
made for the United States Fish and Wildlife Service or any
other entity of the Department of the Interior.
``(d) Audit Requirement.--
``(1) In general.--The Inspector General of the Department
of the Interior shall procure the performance of biennial
audits, in accordance with generally accepted accounting
principles, of expenditures and obligations of amounts used
by the Secretary of the Interior for expenses for
administration incurred in implementation of this Act.
``(2) Auditor.--
``(A) In general.--An audit under this subsection shall be
performed under a contract that is awarded under competitive
procedures (as defined in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)) by a person or entity
that is not associated in any way with the Department of the
Interior (except by way of a contract for the performance of
an audit or other review).
``(B) Supervision of auditor.--The auditor selected under
subparagraph (A) shall report to, and be supervised by, the
Inspector General of the Department of the Interior, except
that the auditor shall submit a copy of the biennial audit
findings to the Secretary of the Interior at the time at
which the findings are submitted to the Inspector General of
the Department of the Interior.
``(3) Report to congress.--The Inspector General of the
Department of the Interior shall promptly submit to the
Committee on Resources of the House of Representatives and
the Committee on Environment and Public Works of the Senate--
``(A) a report on the results of each audit under this
subsection; and
``(B) a copy of each audit under this subsection.''.
(c) Conforming Amendment.--Section 8(b) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is
amended in the first sentence by striking ``section 4(b) of
this Act'' and inserting ``section 4(c)''.
SEC. 112. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM
GRANTS.
The Pittman-Robertson Wildlife Restoration Act is amended--
(1) by redesignating section 10 (16 U.S.C. 669i) as section
12; and
(2) by inserting after section 9 (16 U.S.C. 669h) the
following:
``SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY
PROGRAM GRANTS.
``(a) In General.--
``(1) Grants.--Of the revenues covered into the fund,
$7,500,000 for each of fiscal years 2001 and 2002, and
$8,000,000 for fiscal year 2003 and each fiscal year
thereafter, shall be apportioned among the States in the
manner specified in section 4(c) by the Secretary of the
Interior and used to make grants to the States to be used
for--
``(A) in the case of a State that has not used all of the
funds apportioned to the State under section 4(c) for the
fiscal year in the manner described in section 8(b)--
``(i) the enhancement of hunter education programs, hunter
and sporting firearm safety programs, and hunter development
programs;
``(ii) the enhancement of interstate coordination and
development of hunter education and shooting range programs;
``(iii) the enhancement of bow hunter and archery
education, safety, and development programs; and
``(iv) the enhancement of construction or development of
firearm shooting ranges and archery ranges, and the updating
of safety features of firearm shooting ranges and archery
ranges; and
``(B) in the case of a State that has used all of the funds
apportioned to the State under section 4(c) for the fiscal
year in the manner described in section 8(b), any use
authorized by this Act (including hunter safety programs and
the construction, operation, and maintenance of public target
ranges).
``(2) Limitation on use.--Under paragraph (1), a State
shall not be required to use more than the amount described
in section 8(b) for hunter safety programs and the
construction, operation, and maintenance of public target
ranges.
``(b) Cost Sharing.--The Federal share of the cost of any
activity carried out with a grant under this section shall
not exceed 75 percent of the total cost of the activity.
``(c) Period of Availability; Reapportionment.--
``(1) Period of availability.--Amounts made available and
apportioned for grants under this section shall remain
available only for the fiscal year for which the amounts are
apportioned.
``(2) Reapportionment.--At the end of the period of
availability under paragraph (1), the Secretary of the
Interior shall apportion amounts made available that have not
been used to make grants under this section among the States
described in subsection (a)(1)(B) for use by those States in
accordance with this Act.''.
SEC. 113. MULTISTATE CONSERVATION GRANT PROGRAM.
The Pittman-Robertson Wildlife Restoration Act (as amended
by section 112) is amended by inserting after section 10 the
following:
``SEC. 11. MULTISTATE CONSERVATION GRANT PROGRAM.
``(a) In General.--
[[Page H10019]]
``(1) Amount for grants.--Not more than $3,000,000 of the
revenues covered into the fund for a fiscal year shall be
available to the Secretary of the Interior for making
multistate conservation project grants in accordance with
this section.
``(2) Period of availability; apportionment.--
``(A) Period of availability.--Amounts made available under
paragraph (1) shall remain available for making grants only
for the first fiscal year for which the amount is made
available and the following fiscal year.
``(B) Apportionment.--At the end of the period of
availability under subparagraph (A), the Secretary of the
Interior shall apportion any amounts that remain available
among the States in the manner specified in section 4(b) for
use by the States in the same manner as funds apportioned
under section 4(b).
``(b) Selection of Projects.--
``(1) States or entities to be benefited.--A project shall
not be eligible for a grant under this section unless the
project will benefit--
``(A) at least 26 States;
``(B) a majority of the States in a region of the United
States Fish and Wildlife Service; or
``(C) a regional association of State fish and game
departments.
``(2) Use of submitted priority list of projects.--The
Secretary of the Interior may make grants under this section
only for projects identified on a priority list of wildlife
restoration projects described in paragraph (3).
``(3) Priority list of projects.--A priority list referred
to in paragraph (2) is a priority list of wildlife
restoration projects that the International Association of
Fish and Wildlife Agencies--
``(A) prepares through a committee comprised of the heads
of State fish and game departments (or their designees), in
consultation with--
``(i) nongovernmental organizations that represent
conservation organizations;
``(ii) sportsmen organizations; and
``(iii) industries that support or promote hunting,
trapping, recreational shooting, bow hunting, or archery;
``(B) approves by vote of a majority of the heads of State
fish and game departments (or their designees); and
``(C) not later than October 1 of each fiscal year, submits
to the Assistant Director for Wildlife and Sport Fish
Restoration Programs.
``(4) Publication.--The Assistant Director for Wildlife and
Sport Fish Restoration Programs shall publish in the Federal
Register each priority list submitted under paragraph (3)(C).
``(c) Eligible Grantees.--
``(1) In general.--The Secretary of the Interior may make a
grant under this section only to--
``(A) a State or group of States;
``(B) the United States Fish and Wildlife Service, or a
State or group of States, for the purpose of carrying out the
National Survey of Fishing, Hunting, and Wildlife-Associated
Recreation; and
``(C) subject to paragraph (2), a nongovernmental
organization.
``(2) Nongovernmental organizations.--
``(A) In general.--Any nongovernmental organization that
applies for a grant under this section shall submit with the
application to the International Association of Fish and
Wildlife Agencies a certification that the organization--
``(i) will not use the grant funds to fund, in whole or in
part, any activity of the organization that promotes or
encourages opposition to the regulated hunting or trapping of
wildlife; and
``(ii) will use the grant funds in compliance with
subsection (d).
``(B) Penalties for certain activities.--Any
nongovernmental organization that is found to use grant funds
in violation of subparagraph (A) shall return all funds
received under this section and be subject to any other
applicable penalties under law.
``(d) Use of Grants.--A grant under this section shall not
be used, in whole or in part, for an activity, project, or
program that promotes or encourages opposition to the
regulated hunting or trapping of wildlife.
``(e) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to any activity carried out under this section.''.
SEC. 114. MISCELLANEOUS PROVISION.
Section 5 of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669d) is amended in the first sentence--
(1) by inserting ``, at the time at which a deduction or
apportionment is made,'' after ``certify''; and
(2) by striking ``and executing''.
Subtitle B--Sport Fish Restoration
SEC. 121. EXPENSES FOR ADMINISTRATION.
(a) Set-Aside for Expenses for Administration of the
Dingell-Johnson Sport Fish Restoration Act.--Section 4 of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c)
is amended by striking subsection (d) and inserting the
following:
``(d) Set-Aside for Expenses for Administration of the
Dingell-Johnson Sport Fish Restoration Act.--
``(1) In general.--
``(A) Set-aside.--For fiscal year 2001 and each fiscal year
thereafter, of the balance of each such annual appropriation
remaining after the distribution and use under subsections
(a), (b), and (c) and section 14, the Secretary of the
Interior may use not more than the available amount specified
in subparagraph (B) for the fiscal year for expenses for
administration incurred in implementation of this Act, in
accordance with this subsection and section 9.
``(B) Available amounts.--The available amount referred to
in subparagraph (A) is--
``(i) for each of fiscal years 2001 and 2002, $9,000,000;
``(ii) for fiscal year 2003, $8,212,000; and
``(iii) for fiscal year 2004 and each fiscal year
thereafter, the sum of--
``(I) the available amount for the preceding fiscal year;
and
``(II) the amount determined by multiplying--
``(aa) the available amount for the preceding fiscal year;
and
``(bb) the change, relative to the preceding fiscal year,
in the Consumer Price Index for All Urban Consumers published
by the Department of Labor.
``(2) Period of availability; apportionment of unobligated
amounts.--
``(A) Period of availability.--For each fiscal year, the
available amount under paragraph (1) shall remain available
for obligation for use under that paragraph until the end of
the fiscal year.
``(B) Apportionment of unobligated amounts.--Not later than
60 days after the end of a fiscal year, the Secretary of the
Interior shall apportion among the States any of the
available amount under paragraph (1) that remains unobligated
at the end of the fiscal year, on the same basis and in the
same manner as other amounts made available under this Act
are apportioned among the States under subsection (e) for the
fiscal year.''.
(b) Requirements and Restrictions Concerning Use of Amounts
for Expenses for Administration.--Section 9 of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777h) is
amended to read as follows:
``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF
AMOUNTS FOR EXPENSES FOR ADMINISTRATION.
``(a) Authorized Expenses for Administration.--Except as
provided in subsection (b), the Secretary of the Interior may
use available amounts under section 4(d)(1) only for expenses
for administration that directly support the implementation
of this Act that consist of--
``(1) personnel costs of employees who directly administer
this Act on a full-time basis;
``(2) personnel costs of employees who directly administer
this Act on a part-time basis for at least 20 hours each
week, not to exceed the portion of those costs incurred with
respect to the work hours of the employee during which the
employee directly administers this Act, as those hours are
certified by the supervisor of the employee;
``(3) support costs directly associated with personnel
costs authorized under paragraphs (1) and (2), excluding
costs associated with staffing and operation of regional
offices of the United States Fish and Wildlife Service and
the Department of the Interior other than for the purposes of
this Act;
``(4) costs of determining under section 6(a) whether State
comprehensive plans and projects are substantial in character
and design;
``(5) overhead costs, including the costs of general
administrative services, that are directly attributable to
administration of this Act and are based on--
``(A) actual costs, as determined by a direct cost
allocation methodology approved by the Director of the Office
of Management and Budget for use by Federal agencies; and
``(B) in the case of costs that are not determinable under
subparagraph (A), an amount per full-time equivalent employee
authorized under paragraphs (1) and (2) that does not exceed
the amount charged or assessed for costs per full-time
equivalent employee for any other division or program of the
United States Fish and Wildlife Service;
``(6) costs incurred in auditing, every 5 years, the
wildlife and sport fish activities of each State fish and
game department and the use of funds under section 6 by each
State fish and game department;
``(7) costs of audits under subsection (d);
``(8) costs of necessary training of Federal and State
full-time personnel who administer this Act to improve
administration of this Act;
``(9) costs of travel to States, territories, and Canada by
personnel who--
``(A) administer this Act on a full-time basis for purposes
directly related to administration of State programs or
projects; or
``(B) administer grants under section 6 or 14;
``(10) costs of travel outside the United States (except
travel to Canada), by personnel who administer this Act on a
full-time basis, for purposes that directly relate to
administration of this Act and that are approved directly by
the Assistant Secretary for Fish and Wildlife and Parks;
``(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time basis for
at least 1 year, as certified by the Director of the United
States Fish and Wildlife Service at the time at which the
relocation expenses are incurred; and
``(12) costs to audit, evaluate, approve, disapprove, and
advise concerning grants under sections 6 and 14.
``(b) Reporting of Other Uses.--
``(1) In general.--Subject to paragraph (2), if the
Secretary of the Interior determines that available amounts
under section 4(d)(1) should be used for an expense for
administration other than an expense for administration
described in subsection (a), the Secretary--
``(A) shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Resources of
the House of Representatives a report describing the expense
for administration and stating the amount of the expense; and
``(B) may use any such available amounts for the expense
for administration only after the end of the 30-day period
beginning on the date of submission of the report under
subparagraph (A).
``(2) Maximum amount.--For any fiscal year, the Secretary
of the Interior may use under paragraph (1) not more than
$25,000.
``(c) Restriction on Use To Supplement General
Appropriations.--The Secretary of
[[Page H10020]]
the Interior shall not use available amounts under subsection
(b) to supplement the funding of any function for which
general appropriations are made for the United States Fish
and Wildlife Service or any other entity of the Department of
the Interior.
``(d) Audit Requirement.--
``(1) In general.--The Inspector General of the Department
of the Interior shall procure the performance of biennial
audits, in accordance with generally accepted accounting
principles, of expenditures and obligations of amounts used
by the Secretary of the Interior for expenses for
administration incurred in implementation of this Act.
``(2) Auditor.--
``(A) In general.--An audit under this subsection shall be
performed under a contract that is awarded under competitive
procedures (as defined in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)) by a person or entity
that is not associated in any way with the Department of the
Interior (except by way of a contract for the performance of
an audit or other review).
``(B) Supervision of auditor.--The auditor selected under
subparagraph (A) shall report to, and be supervised by, the
Inspector General of the Department of the Interior, except
that the auditor shall submit a copy of the biennial audit
findings to the Secretary of the Interior at the time at
which the findings are submitted to the Inspector General of
the Department of the Interior.
``(3) Report to congress.--The Inspector General of the
Department of the Interior shall promptly submit to the
Committee on Resources of the House of Representatives and
the Committee on Environment and Public Works of the Senate--
``(A) a report on the results of each audit under this
subsection; and
``(B) a copy of each audit under this subsection.''.
(c) Expenses for Administration of Certain Programs.--
Section 4 of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777c) is amended by adding at the end the
following:
``(g) Expenses for Administration of Certain Programs.--
``(1) In general.--For each fiscal year, of the amounts
appropriated under section 3, the Secretary of the Interior
shall use only funds authorized for use under subsections
(a), (b)(3)(A), (b)(3)(B), and (c) to pay the expenses for
administration incurred in carrying out the provisions of law
referred to in those subsections, respectively.
``(2) Maximum amount.--For each fiscal year, the Secretary
of the Interior may use not more than $900,000 in accordance
with paragraph (1).''.
SEC. 122. MULTISTATE CONSERVATION GRANT PROGRAM.
(a) Establishment of Program.--The Dingell-Johnson Sport
Fish Restoration Act is amended--
(1) by striking the section 13 relating to effective date
(16 U.S.C. 777 note) and inserting the following:
``SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.
``(a) In General.--
``(1) Amount for grants.--Of the balance of each annual
appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of
section 4 in a fiscal year, not more than $3,000,000 shall be
available to the Secretary of the Interior for making
multistate conservation project grants in accordance with
this section.
``(2) Period of availability; apportionment.--
``(A) Period of availability.--Amounts made available under
paragraph (1) shall remain available for making grants only
for the first fiscal year for which the amount is made
available and the following fiscal year.
``(B) Apportionment.--At the end of the period of
availability under subparagraph (A), the Secretary of the
Interior shall apportion any amounts that remain available
among the States in the manner specified in section 4(e) for
use by the States in the same manner as funds apportioned
under section 4(e).
``(b) Selection of Projects.--
``(1) States or entities to be benefited.--A project shall
not be eligible for a grant under this section unless the
project will benefit--
``(A) at least 26 States;
``(B) a majority of the States in a region of the United
States Fish and Wildlife Service; or
``(C) a regional association of State fish and game
departments.
``(2) Use of submitted priority list of projects.--The
Secretary of the Interior may make grants under this section
only for projects identified on a priority list of sport fish
restoration projects described in paragraph (3).
``(3) Priority list of projects.--A priority list referred
to in paragraph (2) is a priority list of sport fish
restoration projects that the International Association of
Fish and Wildlife Agencies--
``(A) prepares through a committee comprised of the heads
of State fish and game departments (or their designees), in
consultation with--
``(i) nongovernmental organizations that represent
conservation organizations;
``(ii) sportsmen organizations; and
``(iii) industries that fund the sport fish restoration
programs under this Act;
``(B) approves by vote of a majority of the heads of State
fish and game departments (or their designees); and
``(C) not later than October 1 of each fiscal year, submits
to the Assistant Director for Wildlife and Sport Fish
Restoration Programs.
``(4) Publication.--The Assistant Director for Wildlife and
Sport Fish Restoration Programs shall publish in the Federal
Register each priority list submitted under paragraph (3)(C).
``(c) Eligible Grantees.--
``(1) In general.--The Secretary of the Interior may make a
grant under this section only to--
``(A) a State or group of States;
``(B) the United States Fish and Wildlife Service, or a
State or group of States, for the purpose of carrying out the
National Survey of Fishing, Hunting, and Wildlife-Associated
Recreation; and
``(C) subject to paragraph (2), a nongovernmental
organization.
``(2) Nongovernmental organizations.--
``(A) In general.--Any nongovernmental organization that
applies for a grant under this section shall submit with the
application to the International Association of Fish and
Wildlife Agencies a certification that the organization--
``(i) will not use the grant funds to fund, in whole or in
part, any activity of the organization that promotes or
encourages opposition to the regulated taking of fish; and
``(ii) will use the grant funds in compliance with
subsection (d).
``(B) Penalties for certain activities.--Any
nongovernmental organization that is found to use grant funds
in violation of subparagraph (A) shall return all funds
received under this section and be subject to any other
applicable penalties under law.
``(d) Use of Grants.--A grant under this section shall not
be used, in whole or in part, for an activity, project, or
program that promotes or encourages opposition to the
regulated taking of fish.
``(e) Funding for Other Activities.--Of the balance of each
annual appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of
section 4 for each fiscal year and after deducting amounts
used for grants under subsection (a)--
``(1) $200,000 shall be made available for each of--
``(A) the Atlantic States Marine Fisheries Commission;
``(B) the Gulf States Marine Fisheries Commission;
``(C) the Pacific States Marine Fisheries Commission; and
``(D) the Great Lakes Fisheries Commission; and
``(2) $400,000 shall be made available for the Sport
Fishing and Boating Partnership Council established by the
United States Fish and Wildlife Service.
``(f) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to any activity carried out under this section.''; and
(2) by moving that section to appear after the section 13
relating to State use of contributions (16 U.S.C. 777l).
(b) Conforming Amendment.--Section 4(e) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777c(e)) is
amended in the first sentence by inserting ``and after
deducting amounts used for grants under section 14,'' after
``respectively,''.
SEC. 123. FUNDING OF THE COASTAL WETLANDS PLANNING,
PROTECTION AND RESTORATION ACT.
Section 4(a) of the Dingell-Johnson Sport Fish Restoration
Act (16 U.S.C. 777c(a)) is amended in the second sentence by
striking ``2000'' and inserting ``2009''.
SEC. 124. PERIOD OF AVAILABILITY.
Section 4(f) of the Dingell-Johnson Sport Fish Restoration
Act (16 U.S.C. 777c(f)) is amended in the first sentence by
striking ``, and if'' and all that follows through
``recreation''.
SEC. 125. MISCELLANEOUS PROVISION.
Section 5 of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777d) is amended--
(1) by inserting ``, at the time at which a deduction or
apportionment is made,'' after ``certify''; and
(2) by striking ``and executing''.
SEC. 126. CONFORMING AMENDMENT.
Section 9504(b)(2)(A) of the Internal Revenue Code of 1986
is amended by striking ``(as in effect on the date of the
enactment of the TEA 21 Restoration Act)'' and inserting
``(as in effect on the date of enactment of the Wildlife and
Sport Fish Restoration Programs Improvement Act of 2000)''.
Subtitle C--Wildlife and Sport Fish Restoration Programs
SEC. 131. DESIGNATION OF PROGRAMS.
The programs established under the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669 et seq.) and the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et
seq.) shall be known as the ``Federal Assistance Program for
State Wildlife and Sport Fish Restoration''.
SEC. 132. ASSISTANT DIRECTOR FOR WILDLIFE AND SPORT FISH
RESTORATION PROGRAMS.
(a) Establishment.--There is established in the United
States Fish and Wildlife Service of the Department of the
Interior the position of Assistant Director for Wildlife and
Sport Fish Restoration Programs.
(b) Superior.--The Assistant Director for Wildlife and
Sport Fish Restoration Programs shall report directly to the
Director of the United States Fish and Wildlife Service.
(c) Responsibilities.--The Assistant Director for Wildlife
and Sport Fish Restoration Programs shall be responsible for
the administration, management, and oversight of the Federal
Assistance Program for State Wildlife and Sport Fish
Restoration under the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777 et seq.).
SEC. 133. REPORTS AND CERTIFICATIONS.
(a) Implementation Report.--
(1) In general.--At the time at which the President submits
to Congress a budget request
[[Page H10021]]
for the Department of the Interior for fiscal year 2002, the
Secretary of the Interior shall submit to the Committee on
Resources of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report on the
steps that have been taken to comply with this title and the
amendments made by this title.
(2) Contents.--The report under paragraph (1) shall
describe--
(A) the extent to which compliance with this title and the
amendments made by this title has required a reduction in the
number of personnel assigned to administer, manage, and
oversee the Federal Assistance Program for State Wildlife and
Sport Fish Restoration;
(B) any revisions to this title or the amendments made by
this title that would be desirable in order for the Secretary
of the Interior to adequately administer the Program and
ensure that funds provided to State agencies are properly
used; and
(C) any other information concerning the implementation of
this title and the amendments made by this title that the
Secretary of the Interior considers appropriate.
(b) Projected Spending Report.--At the time at which the
President submits a budget request for the Department of the
Interior for fiscal year 2002 and each fiscal year
thereafter, the Secretary of the Interior shall report in
writing to the Committee on Resources of the House of
Representatives and the Committee on Environment and Public
Works of the Senate the amounts, broken down by category,
that are intended to be used for the fiscal year under
section 4(a)(1) of the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669c(a)(1)) and section 4(d)(1) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(d)(1)).
(c) Spending Certification and Report.--Not later than 60
days after the end of each fiscal year, the Secretary of the
Interior shall certify and report in writing to the Committee
on Resources of the House of Representatives and the
Committee on Environment and Public Works of the Senate--
(1) the amounts, broken down by category, that were used
for the fiscal year under section 4(a)(1) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)(1)) and
section 4(d)(1) of the Dingell-Johnson Sport Fish Restoration
Act (16 U.S.C. 777c(d)(1));
(2) the amounts apportioned to States for the fiscal year
under section 4(a)(2) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669c(a)(2)) and section 4(d)(2)(A)
of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(d)(2)(A));
(3) the results of the audits performed under section 9(d)
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669h(d) and section 9(d) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777h(d));
(4) that all amounts used for the fiscal year under section
4(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669c(a)(1)) and section 4(d)(1) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777c(d)(1)) were
necessary for expenses for administration incurred in
implementation of those Acts;
(5) that all amounts used for the fiscal year to administer
those Acts by agency headquarters and by regional offices of
the United States Fish and Wildlife Service were used in
accordance with those Acts; and
(6) that the Secretary of the Interior, the Assistant
Secretary for Fish and Wildlife and Parks, the Director of
the United States Fish and Wildlife Service, and the
Assistant Director for Wildlife and Sport Fish Restoration
Programs each properly discharged their duties under those
Acts.
(d) Certifications by States.--
(1) In general.--Not later than 60 days after the end of
each fiscal year, each State that received amounts
apportioned under the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669 et seq.) or the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777 et seq.) for the fiscal year
shall certify to the Secretary of the Interior in writing
that the amounts were expended by the State in accordance
with each of those Acts.
(2) Transmission to congress.--Not later than December 31
of a fiscal year, the Secretary of the Interior shall
transmit all certifications under paragraph (1) for the
previous fiscal year to the Committee on Resources of the
House of Representatives and the Committee on Environment and
Public Works of the Senate.
(e) Limitation on Delegation.--The Secretary of the
Interior shall not delegate the responsibility for making a
certification under subsection (c) to any person except the
Assistant Secretary for Fish and Wildlife and Parks.
TITLE II--NATIONAL FISH AND WILDLIFE FOUNDATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Fish and Wildlife
Foundation Establishment Act Amendments of 2000''.
SEC. 202. 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, plants, and other natural resources;''.
SEC. 203. 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.--Subject to paragraph (3), the
Secretary of the Interior shall appoint 8 new Directors.
``(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, in fiscal
year 2001, 3 Directors for a term of 6 years.
``(C) Subsequent appointments to new member positions.--Of
the Directors appointed by the Secretary of the Interior
under paragraph (2)(B)(ii), the Secretary shall appoint, in
fiscal year 2002--
``(i) 2 Directors for a term of 2 years; and
``(ii) 3 Directors for a term of 4 years.
``(4) Vacancies.--
``(A) In general.--The Secretary of the Interior shall fill
a vacancy on the Board.
``(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 of the Interior 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 of the Interior 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. 204. 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;
[[Page H10022]]
``(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 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. 205. ANNUAL REPORTING OF GRANT DETAILS.
Section 7(b) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3706(b)) is amended--
(1) by striking ``Congress'' and inserting ``the Committee
on Resources of the House of Representatives and the
Committee on Environment and Public Works of the Senate'';
and
(2) by adding at the end the following: ``The report shall
include a detailed statement of the recipient, amount, and
purpose of each grant made by the Foundation in the fiscal
year.''.
SEC. 206. NOTICE TO MEMBERS OF CONGRESS.
Section 4 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3703) (as amended by section
204(g)) is amended by adding at the end the following:
``(i) Notice to Members of Congress.--The Foundation shall
not make a grant of funds unless, by not later than 30 days
before the grant is made, the Foundation provides notice of
the grant to the Member of Congress for the congressional
district in which the project to be funded with the grant
will be carried out.''.
SEC. 207. 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 2001 through
2003--
``(A) $20,000,000 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, 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. 208. 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.).''.
TITLE III--NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL
SEC. 301. SHORT TITLE.
This title may be cited as the ``National Wildlife Refuge
System Centennial Act''.
SEC. 302. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) President Theodore Roosevelt began the National
Wildlife Refuge System by establishing the first refuge at
Pelican Island, Florida, on March 14, 1903;
(2) the National Wildlife Refuge System is comprised of
more than 93,000,000 acres of Federal land managed by the
United States Fish and Wildlife Service in more than 532
individual refuges and thousands of waterfowl production
areas located in all 50 States and the territories of the
United States;
(3) the System is the only network of Federal land
dedicated singularly to wildlife conservation and where
wildlife-dependent recreation and environmental education are
priority public uses;
(4) the System serves a vital role in the conservation of
millions of migratory birds, dozens of endangered species and
threatened species, some of the premier fisheries of the
United States, marine mammals, and the habitats on which such
species of fish and wildlife depend;
(5) each year the System provides millions of Americans
with opportunities to participate in wildlife-dependent
recreation, including hunting, fishing, and wildlife
observation;
(6)(A) public visitation to national wildlife refuges is
growing, with more than 35,000,000 visitors annually; and
(B) it is essential that visitor centers and public use
facilities be properly constructed, operated, and maintained;
(7) the National Wildlife Refuge System Volunteer and
Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f
note; Public Law 105-242), and the amendments made by that
Act, significantly enhance the ability of the United States
Fish and Wildlife Service to incorporate volunteers and
partnerships in refuge management;
(8) as of the date of enactment of this Act, the System has
an unacceptable backlog of critical operation and maintenance
needs; and
(9) the occasion of the centennial of the System, in 2003,
presents a historic opportunity to enhance natural resource
stewardship and expand public enjoyment of the national
wildlife refuges of the United States.
(b) Purposes.--The purposes of this title are--
(1) to establish a commission to promote awareness by the
public of the National Wildlife Refuge System as the System
celebrates its centennial in 2003;
(2) to develop a long-term plan to meet the priority
operation, maintenance, and construction needs of the System;
(3) to require an annual report on the needs of the System
prepared in the context of--
(A) the budget submission of the Department of the Interior
to the President; and
(B) the President's budget request to Congress; and
(4) to improve public use programs and facilities of the
System to meet the increasing needs of the public for
wildlife-dependent recreation in the 21st century.
SEC. 303. NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL
COMMISSION.
(a) Establishment.--There is established the National
Wildlife Refuge System Centennial Commission (referred to in
this title as the ``Commission'').
(b) Members.--
(1) In general.--The Commission shall be composed of--
(A) the Director of the United States Fish and Wildlife
Service;
(B) up to 10 individuals appointed by the Secretary of the
Interior;
(C) the chairman and ranking minority member of the
Committee on Resources of the House of Representatives and of
the Committee on Environment and Public Works of the Senate,
who shall be nonvoting members; and
(D) the congressional representatives of the Migratory Bird
Conservation Commission, who shall be nonvoting members.
[[Page H10023]]
(2) Appointments.--
(A) Deadline.--The members of the Commission shall be
appointed not later than 90 days after the effective date of
this title.
(B) Appointments by the secretary of the interior.--
(i) In general.--The members of the Commission appointed by
the Secretary of the Interior under paragraph (1)(B)--
(I) shall not be officers or employees of the Federal
Government; and
(II) shall, in the judgment of the Secretary--
(aa) represent the diverse beneficiaries of the System; and
(bb) have outstanding knowledge or appreciation of
wildlife, natural resource management, or wildlife-dependent
recreation.
(ii) Representation of views.--In making appointments under
paragraph (1)(B), the Secretary of the Interior shall make
every effort to ensure that the views of the hunting,
fishing, and wildlife observation communities are represented
on the Commission.
(3) Vacancies.--Any vacancy in the Commission--
(A) shall not affect the power or duties of the Commission;
and
(B) shall be expeditiously filled in the same manner as the
original appointment was made.
(c) Chairperson.--The Secretary of the Interior shall
appoint 1 of the members as the Chairperson of the
Commission.
(d) Compensation.--The members of the Commission shall
receive no compensation for their service on the Commission.
(e) Travel Expenses.--
(1) Legislative branch members.--The members of the
Commission from the legislative branch of the Federal
Government shall be allowed necessary travel expenses, as
authorized by other law for official travel, while away from
their homes or regular places of business in the performance
of services for the Commission.
(2) Executive branch members.--The members of the
Commission from the executive branch of the Federal
Government shall be allowed necessary travel expenses in
accordance with section 5702 of title 5, United States Code,
while away from their homes or regular places of business in
the performance of services for the Commission.
(3) Other members and staff.--The members of the Commission
appointed by the Secretary of the Interior and staff of the
Commission may be allowed necessary travel expenses as
authorized by section 5702 of title 5, United States Code,
while away from their homes or regular places of business in
the performance of services for the Commission.
(f) Duties.--The Commission shall--
(1) prepare, in cooperation with Federal, State, local, and
nongovernmental partners, a plan to commemorate the
centennial of the National Wildlife Refuge System beginning
on March 14, 2003;
(2) coordinate the activities of the partners under the
plan; and
(3) plan and host, in cooperation with the partners, a
conference on the National Wildlife Refuge System, and assist
in the activities of the conference.
(g) Staff.--Subject to the availability of appropriations,
the Commission may employ such staff as are necessary to
carry out the duties of the Commission.
(h) Donations.--
(1) In general.--The Commission may, in accordance with
criteria established under paragraph (2), accept and use
donations of money, personal property, or personal services.
(2) Criteria.--The Commission shall establish written
criteria to be used in determining whether the acceptance of
gifts or donations under paragraph (1) would--
(A) reflect unfavorably on the ability of the Commission or
any employee of the Commission to carry out its
responsibilities or official duties in a fair and objective
manner; or
(B) compromise the integrity or the appearance of the
integrity of any person involved in the activities of the
Commission.
(i) Administrative Support.--Upon the request of the
Commission--
(1) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service, may
provide to the Commission such administrative support
services as are necessary for the Commission to carry out the
duties of the Commission under this title, including services
relating to budgeting, accounting, financial reporting,
personnel, and procurement; and
(2) the head of any other appropriate Federal agency may
provide to the Commission such advice and assistance, with or
without reimbursement, as are appropriate to assist the
Commission in carrying out the duties of the Commission.
(j) Reports.--
(1) Annual reports.--Not later than 1 year after the
effective date of this title, and annually thereafter, the
Commission shall submit to Congress a report on the
activities and plans of the Commission.
(2) Final report.--Not later than September 30, 2004, the
Commission shall submit to the Committee on Resources of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a final report on the activities
of the Commission, including an accounting of all funds
received and expended by the Commission.
(k) Termination.--
(1) In general.--The Commission shall terminate 90 days
after the date on which the Commission submits the final
report under subsection (j).
(2) Disposition of materials.--Upon termination of the
Commission and after consultation with the Archivist of the
United States and the Secretary of the Smithsonian
Institution, the Secretary of the Interior may--
(A)(i) deposit all books, manuscripts, miscellaneous
printed matter, memorabilia, relics, and other similar
materials of the Commission relating to the centennial of the
National Wildlife Refuge System in Federal, State, or local
libraries or museums; or
(ii) otherwise dispose of such materials; and
(B)(i) use other property acquired by the Commission for
the purposes of the National Wildlife Refuge System; or
(ii) treat such property as excess property.
SEC. 304. LONG-TERM PLANNING AND ANNUAL REPORTING
REQUIREMENTS REGARDING THE OPERATION AND
MAINTENANCE BACKLOG.
(a) Unified Long-Term Plan.--Not later than March 1, 2002,
the Secretary of the Interior shall prepare and submit to
Congress and the President a unified long-term plan to
address priority operation, maintenance, and construction
needs of the National Wildlife Refuge System, including--
(1) priority staffing needs of the System; and
(2) operation, maintenance, and construction needs as
identified in--
(A) the Refuge Operating Needs System;
(B) the Maintenance Management System;
(C) the 5-year deferred maintenance list;
(D) the 5-year construction list;
(E) the United States Fish and Wildlife Service report
entitled ``Fulfilling the Promise of America's National
Wildlife Refuge System''; and
(F) individual refuge comprehensive conservation plans.
(b) Annual Submission.--Beginning with the submission to
Congress of the budget for fiscal year 2003, the Secretary of
the Interior shall prepare and submit to Congress, in the
context of each annual budget submission, a report that
contains--
(1) an assessment of expenditures in the prior, current,
and upcoming fiscal years to meet the operation and
maintenance backlog as identified in the long-term plan under
subsection (a); and
(2) a specification of transition costs, in the prior,
current, and upcoming fiscal years, as identified in the
analysis of newly acquired refuge land prepared by the
Department of the Interior, and a description of the method
used to determine the priority status of the transition
costs.
SEC. 305. YEAR OF THE NATIONAL WILDLIFE REFUGE.
(a) Finding.--Congress finds that designation of the year
2003 as the ``Year of the National Wildlife Refuge'' would
promote the goal of increasing public appreciation of the
importance of the National Wildlife Refuge System.
(b) Proclamation.--The President is requested to issue a
proclamation calling on the people of the United States to
conduct appropriate programs, ceremonies, and activities to
accomplish the goal of such a year.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
activities of the Commission under this title--
(1) $100,000 for fiscal year 2001; and
(2) $250,000 for each of fiscal years 2002 through 2004.
SEC. 307. EFFECTIVE DATE.
This title takes effect on January 20, 2001.
Amend the title so as to read: ``An Act to amend the
Pittman-Robertson Wildlife Restoration Act and the Dingell-
Johnson Sport Fish Restoration Act to enhance the funds
available for grants to States for fish and wildlife
conservation projects, to reauthorize and amend the National
Fish and Wildlife Foundation Establishment Act, to
commemorate the centennial of the establishment of the first
national wildlife refuge in the United States on March 14,
1903, and for other purposes.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentleman from New Mexico (Mr. Udall) each
will control 20 minutes.
The Chair recognizes the gentleman from Alaska (Mr. Young).
{time} 1745
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 3671, which reforms the
administration of the Pittman-Robertson and the Dingell-Johnson Acts.
These acts established trust funds, paid for by sportsmen and women
through taxes on guns, ammunition, archery equipment and fishing
equipment for State fish and game departments to use for wildlife and
sport fish restoration projects. Administration of these acts is the
responsibility of the Fish and Wildlife Service.
Oversight conducted by the committee, which I chair, the Committee on
Resources, uncovered waste, fraud, and abuse of the administration
funds by the Fish and Wildlife Service. The House overwhelmingly passed
H.R. 3671 on April 5 by a vote of 423-2.
H.R. 3671 puts in place reforms that will prevent abuse and misuse of
administration funds in the future. It caps the amount of funds for
administration, provides clear direction as to how these funds will be
spent, establishes audits, reporting and certification requirements,
and establishes
[[Page H10024]]
an assistant director to oversee the administration of these programs.
The legislation also establishes a grant program for firearm and bow
hunter safety and a grant program for multiple-state conservation
projects that will enable States to work collectively on wildlife and
sport fish restoration projects that cross State lines.
The Senate has suggested some modifications to H.R. 3671, and I have
agreed to those changes. The Senate slightly increased funding for the
administration. They also increased funding for the Firearm and Bow
Hunter Educational Grant Program and a Multi-State Conservation Grant
Program.
By stopping waste, fraud, and abuse and by cutting bureaucracy, the
reforms in H.R. 3671 provide more dollars to State fishing and game
departments on on-the-ground projects. They will ensure that the money
paid into the trust fund by the sportsmen and the sportswomen in their
district goes where it belongs, to State wildlife and sport fish
restoration. Let us pass H.R. 3671 and safeguard the taxes paid by the
hunters and anglers and guarantee continued wildlife and sports fish
restoration as intended under the Pittman-Robertson and Dingell-Johnson
Act.
H.R. 3671, the Wildlife and Sport Fish Restoration Improvement Act
overwhelmingly passed the House 423 to 2 on April 5th. This reform bill
amends the Pittman-Robertson and Dingell-Johnson Acts. It provides
clear direction to the United States Fish and Wildlife Service on how
to administer the wildlife and sport fish programs established under
the Acts. Our oversight found that administration funds from the
Pittman-Robertson and Dingell-Johnson programs were being used in ways
not consistent with either Act. For example we found that
administration funds were used to pay for expenses for the rest of the
Fish and Wildlife Service and they were used to create grant programs
that were not statutorily authorized under the Acts. This is clearly
not how the administration funds are to be spent. We did not want to
leave any ambiguity as to how the funds can or cannot be spent. When
there is ambiguity, the United States Fish and Wildlife Service
``interprets'' what the law says, and the Pittman-Robertson and
Dingell-Johnson programs suffer the consequences.
management study
On April 5th, Representative Dingell and I engaged in a colloquy
about the United States Fish and Wildlife Service and how they should
undertake an independent, outside, top-to-bottom review to determine
how many people are needed to administer the programs and what mixture
of skills they should have. My only concern at the time was that any
review be truly independent of undue influence. For that reason, I
agreed with Representative Dingell that the study should be conducted
provided the United States Fish and Wildlife Service and the reviewer
consult with the House Committee on Resources prior to and during the
review, the Committee must agree with the parameters of the review and
the Committee must be advised of the process of the review.
I am disappointed to report that the United States Fish and Wildlife
Service did not listen to what Representative Dingell and I said on
April 5th. The United States Fish and Wildlife Service initiated and
completed the management study without ever consulting with the
Committee. In addition, the United States Fish and Wildlife Service
instructed the consultant, The Center for Organizational Excellence
(COE), to complete the project so that it could be used to impact this
legislation. This sounds to me like lobbying legislation pending before
Congress with Federal funds. It was not my intent, nor the intent of
Representative Dingell, that the Fish and Wildlife Service use
administration funds to lobby Congress on the reform legislation. The
management study was not to be used by the United States Fish and
Wildlife Service to preserve the status quo, it was to be used to
assist the United States Fish and Wildlife Service in deciding how best
to restructure the staffing with individuals with the necessary skills
to meet the true administration needs of the programs and the letter of
the law.
I am further disappointed to report that the conclusions reached by
COE on funding needs were not based on correct information. Information
provided by the Fish and Wildlife Service to COE was inaccurate. Based
on inaccurate information, COE reached the following conclusion
regarding funding for administration:
Although H.R. 3671 states that Federal Aid should continue
conducting many of its current activities (such as training
of States, travel to projects in-progress, consultation to
States, etc.), the budget granted to Federal Aid under H.R.
3671 will not allow Federal Aid to continue all of these
activities. This assessment is based on the data collected
and analyzed by COE to date, including current workload and
staffing levels and assessments provided by both Federal Aid
and the IAFWA. (Federal Aid Division Resource Requirements
Analysis, The Center for Organizational Excellence, September
29, 2000, page 5-2)
COE reported to Committee staff that the United States Fish and
Wildlife Service did not provide them with the spending levels that
were in H.R. 3671 when it passed the House. In addition, it seems that
the United States Fish and Wildlife Service did not explain to COE that
the current workload includes tasks that are not considered
administration under H.R. 3671. COE was unable to accurately assess the
funding needs since the data they were given does not reflect the new
parameters for administration established in H.R. 3671.
COE was able to reach conclusions regarding how the programs were
being administered by the Fish and Wildlife Service, and the
conclusions they reached about the current administration of the
programs is troubling. The management report confirms what we found
during our oversight--the United States Fish and Wildlife Service is
not properly administering the programs. Regarding the issue of how
administration funds are used, the report stated:
Resources are not allocated the Regions and functions based
on any systematic framework. This relates to the lack of
strategic planning described earlier. It is not apparent that
Federal Aid currently deploys resources to a particular area
on any basis other than that is where resources were deployed
last year. There is no evidence that customer requirements,
organizational priorities, or other issues are taken into
account. (Federal Aid Division Resource Requirements
Analysis, The Center for Organizational Excellence, September
29, 2000, page 4-9)
Regarding the grade of employees who are currently employed in the
Regional Offices, the report stated:
``Our investigation of work processes revealed variations in how the
core processes are performed and by whom, driven at least in part, by
the different types of staff present in each Regional Office. For
example, Region 2 and 6 have no staff in the grade range of GS 2-6.
This raises the possibility that as all Regional Offices are performing
the same core processes, Region 2 and 6 have core tasks performed by
staff at too high a grade level (which leads to excessive payroll
costs).'' (Federal Aid Division Resource Requirements Analysis, The
Center for Organizational Excellence, September 29, 2000, page 3-1)
Regarding how the Regional Offices have decided what types of
positions need to be in each Region:
``Over the years, Regional Offices have added staff in an ad-hoc
fashion, based on their interpretation of how best to meet their
States' requirements and interests. There was no centralized
methodology for determining what types of jobs or at what level are
required to perform the workload of the Regional Offices. This may have
been the best approach at the time, as the Regional Offices sought to
provide the desired level and type of systematic staffing patterns
among Regions, with little clear relationship to the workload of the
Regional Office. Most importantly, staffing per Region has not been
examined strategically and systematically, to ensure that Regional
Offices are staffed to meet the mission of Federal Aid.'' (Federal Aid
Division Resource Requirements Analysis, The Center for Organizational
Excellence, September 29, 2000, page 3-1)
The report shows us once again how much these reforms are needed. We
suggest that the United States Fish and Wildlife Service provide
accurate information to the COE and that the management study be
continued and completed. In addition, that the management study be
prepared for and issued to the House Committee on Resources and the
Senate Committee on Environment and Public Works. Prior to continuation
of the management study, and regularly thereafter, COE shall consult
with the Committees on the information used for, the parameters of, and
progress made in the study and management analysis.
funds for administration of the acts
It was very important to set out in this legislation exactly how the
United States Fish and Wildlife Service can spend administration funds.
For an expense to be considered an administration expense available for
funding under this Act, the expense will have to directly support the
implementation of the Act and also consist of one of the twelve
categories outlined in the Act. This will ensure the sportsmen that the
administration dollars are being spent only on administration of the
Acts.
When we wrote this legislation we carefully thought out how
administration funds should be spent and established twelve categories
of allowable expenses. The United States Fish and Wildlife Service came
back to us concerned that there could be another category that we had
not thought of. Even though they
[[Page H10025]]
could not come up with that ``other category'' or any additional
expense, they expressed a need for spending flexibility for unforeseen
expenses. We granted this flexibility up to a point. The United States
Fish and Wildlife Service will be allowed to spend up to $25,000 of
administration funds under each Act a year for an unforeseen expense,
provided that they first inform the House Committee on Resources and
the Senate Committee on Environment and Public Works with an
explanation of how much of the $25,000 they are going to spend and on
what they are going to spend it. The House and the Senate Committees
will have 30 days to get back to the Fish and Wildlife Service with
their concurrence of the expenditures. It is not the intention of this
Act that the funds for unforeseen expenses become a source of income
for the Fish and Wildlife Service.
The amount of funds available for administration of each Act will
allow the Fish and Wildlife Service to maintain their current level of
120 employees and to ramp-down to 110 employees in FY 2003. It is
apparent that the programs have not used a systematic or logical
approach to meet the staffing needs of the programs. It is important
that the United States Fish and Wildlife Service has the ability to
change staffing and skills to meet the needs of the programs. This will
allow the United States Fish and Wildlife Service to determine how many
individuals are needed in the Washington Office and each Region to
efficiently and successfully implement the Wildlife and Sport Fish
Restoration Program. Starting in 2004, the funds available for
administration will increase according to the change in the Consumer
Price Index for All Urban Consumers, allowing the United States Fish
and Wildlife Service to keep pace with inflation and cost of living
increases.
firearm and bow hunter education and safety program grants
H.R. 3671 establishes Firearm and Bow Hunter Education and Safety
Program Grants for the States. These funds are meant to be an
enhancement of the Pittman-Robertson funds the States already spend on
hunter education. For fiscal years 2001 and 2002, $7,500,000 will be
available and in 2003 and every year thereafter, $8,000,000 will be
available. This will enable states who can demonstrate that they have
used the maximum amount of funds for hunter education under the formula
in the law to have access to additional funds for hunter education and
safety or for other uses authorized under the Act. The United States
Fish and Wildlife Service shall continue to track how much States are
spending for Hunter Education purposes. States who use the maximum
amount of funds available under Section 4(c) of the law will have
access to these funds. At the end of the year, any unexpected funds
will be apportioned to the States who have used all of the funds
available to them under Section 4(c) of the law. This program is meant
to encourage States to fund hunter education and safety programs,
construct or update shooting ranges and archery ranges and to enhance
interstate coordination and development of hunter education and
shooting range programs. The future of the shooting sports depends on
the States taking a more active roll in hunter safety and education,
providing shooting and archery ranges for the public and working with
each other to accomplish these initiatives.
multi-State conservation grant program
H.R. 3671 also establishes a Multi-State Conservation Grant Program
that will allow States to work collectively on projects that cross
state boundaries. These grants will be available to States, groups of
States and Non-Governmental Organizations. The grants are only allowed
to be used to fund projects that do not oppose the regulated hunting or
trapping of wildlife or the regulated taking of fish. It is important
that a ``firewall'' be kept between the grant fund awarded under the
Multi-State Conservation Grant Program and all other funds of the
organization. The grant funds are not meant to supplement any other
activity of the organization. They are only to be used for the explicit
purpose of the grant. Organizations who apply for the grants may not
use the grant funds to support activities that in any way oppose the
regulated hunting or trapping of wildlife or the regulated taking of
fish. If an organization is found to use the grant funds
inappropriately, the funds will have to be returned and the
organization will be subject to any applicable penalties under law.
Under the Multi-State Conservation Grant Program, The United States
Fish and Wildlife Service will be allowed to compete for the grants
awarded to conduct the National Survey of Fishing, Hunting, and
Wildlife-Associated Recreation. This is the only project the United
States Fish and Wildlife Service can compete for. By allowing the
United States Fish and Wildlife Service to compete for this grant, we
do not intend that the Fish and Wildlife Service will automatically be
awarded this grant. They will have to compete with others for this
grant. We heard from many in the hunting, trapping and fishing
community and the States that this survey wasn't the ``best product,''
but it was all they had. This bill will allow the States to have the
opportunity to explore if another organization will be able to conduct
the survey more efficiently and according to the parameters of the
stakeholders. It is our intent that this legislation will put into the
State's hands the control for this and all other Multi-State
Conservation Grant Projects. And that when evaluating the merits of the
United States Fish and Wildlife Service's proposal, as with all other
proposals for this project and other projects, the Non-governmental
organizations that represent conservation organizations, sportsmen
organizations and industries that fund the Federal Assistance Program
for State Wildlife and Sport Fish Restoration Programs will be
consulted.
administration costs for Dingell-Johnson Small Grant Programs
H.R. 3671 establishes that the administration costs of the Dingell-
Johnson small grant programs (Clean Vessel Act pumpouts, Coastal
Program Conservation Grants, Boating Infrastructure and the National
Outreach and Communications Program) will be paid out of the funds for
those programs. The administration costs of the small grant programs
will not be funded through the administration funds for the Dingell-
Johnson Sport Fish Restoration Act. A total of $900,000 is available
for the administration of these programs.
assistant director for wildlife and sport fish restoration programs
H.R. 3671 establishes within the Department of the Interior the
position of Assistant Director for Wildlife and Sport Fish Restoration
Programs. The funds collected from the excise taxes paid by sportsmen
account for more than one-third of the whole budget of the Fish and
Wildlife Service--in FY 2001 the amount to be collected is $528.7
million. Yet, these programs have had no presence at the Directorate
level. In their Fiscal Year 2001 budget, the United States Fish and
Wildlife Service budget requests for the following programs were:
Migratory Birds & State Programs--$22.8 million.
Fisheries & Habitat Conservation--$82.6 million.
Endangered Species & Marine Mammals--$199.1 million.
All of these programs have Assistant Directors and they each have
responsibility for much smaller budgets than the Federal Assistance
Program for State Wildlife and Sport Fish Programs. It is time that the
Wildlife and Sport Fish Restoration Programs are elevated in the United
States Fish and Wildlife Service and represented by an Assistant
Director.
We also found that the managers of the Wildlife and Sport Fish
Restoration programs lacked control over their own resources. Decisions
on how to use personnel and administration funds were being made by
individuals who did not have the best interests of the Wildlife and
Sport Fish Restoration Programs in mind. The creation of the Assistant
Director position will alleviate this problem. The Assistant Director
is very important to the success of these programs. The Assistant
Director will be necessary to guide the Wildlife and Sport Fish
Restoration Programs under the new direction of this legislation. There
will be important changes to how administration will be handled in the
future. It will be crucial for this program, in order to establish a
level of trust with the sportsmen who are paying the taxes, to show
that the Fish and Wildlife Service truly wants the program to be run
efficiently and according to the law.
We need to assure the sportsmen and women, who pay the excise taxes
that provide the millions of dollars for State wildlife and sport fish
restoration programs, that their money will be used as it is intended
under the law. The trust needs to be restored between the sportsmen and
women who fund the programs and the United States Fish and Wildlife
Service. I urge you to pass H.R. 3671, the Wildlife and Sport Fish
Restoration Programs Improvement Act, and put into place these much
needed reforms of the Pittman-Robertson and Dingell-Johnson Acts.
The bill incorporates the text of H.R. 4442, the National Wildlife
Refuge Centennial Act that overwhelmingly passed the House on July
11th. This legislation recognizes a great achievement in conservation--
100 years of the National Wildlife Refuge System. While this is an
important milestone, this measure recognizes that we still have work
ahead of us to reduce the maintenance and operations backlog within the
Refuge System.
It establishes a Commission to plan activities to commemorate the
100th Anniversary of the System. The bill also requires the Secretary
to submit a comprehensive plan for addressing the maintenance and
operations backlog within the Refuge System. The American people
deserve the finest Refuge System in the world.
The bill also reauthorizes the National Fish and Wildlife Foundation.
Since the Foundation was enacted into law in 1984, more than 3,850
conservation grants worth more than
[[Page H10026]]
$490 million have been funded. These grants have been awarded to some
36 Federal agencies, 125 State and local municipalities, 92 colleges
and institutions, and 852 different conservation groups.
I have received letters in support of reauthorizing the Foundation
from the California Cattlemen's Association, Ducks Unlimited, the
Foundation for North American Wild Sheep, the International Association
of Fish and Wildlife Agencies, the National Rifle Association, the
National Trappers Association, Quail Unlimited, the Rocky Mountain Elk
Foundation, and the Wildlife Legislative Fund of America.
While there was no specific testimony on S. 1653, the Resources
Committee did conduct several comprehensive oversight hearings on the
operation of the Foundation.
Under the terms of this bill, the Foundation's Board of Directors
would increase from 15 to 25 members; every dollar of Federal funding
would be matched with a corresponding amount of non-Federal money; $20
million would be authorized for the U.S. Fish and Wildlife Service and
$5 million for NOAA; an annual report would be required detailing each
conservation grant; affected Members of Congress would be given a 30-
day notice when a project is proposed within their district; and
statutory language has been included stipulating that no grant money
can be used by the Foundation or its grantees for lobbying or
litigation activities.
This is a good bill that will allow the Foundation to continue to
undertake a variety of valuable conservation projects throughout the
United States.
It is important to reiterate that lands acquired with Pittman
Robertson funds are used for an array of wildlife dependent recreation
activities such as fishing, trapping, and hunting. This use properly
includes field trials with dogs. We expect that these activities will
continue on acquired lands subject to reasonable restrictions supported
by evidence to conserve wildlife and related habitat. Any guidelines
issued by the Fish and Wildlife Service regarding such uses must be
reasonable, recognize the value of these activities, and be developed
cooperatively with the states as well as affected user groups. Some
elements within the Service appear to believe that intensive on-the-
ground management actions are inconsistent with the purpose of Pittman
Robertson Act conservation programs. The Committee strongly disagrees
with any such conclusion. We remind the agency that intensive
management is often the key to assuring that multiplicity of wildlife
dependent recreation activities can coexist on wildlife lands and can
occur with conservation objectives and purposes. This is the case with
field trials. So I want no one to mistake that field trials are quite
compatible on lands acquired using Pittman Robertson funds. The lands
are for hunting and field trials facilitate hunting.
Mr. Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, for years, and most recently during our CARA
deliberations, we have heard about the success and the proven track
record of Pittman-Robertson and the Dingell-Johnson Sport Fish and
Wildlife Restoration Programs administered by the Fish and Wildlife
Service.
It was the prospect of CARA contributing an additional $350 million a
year in outer continental shelf oil revenues to Pittman-Robertson that
first spurred the request of the gentleman from Alaska (Chairman Young)
of December 1999 for a General Accounting Office review of the Federal
Aid Program. This in turn led to the gentleman from Alaska (Chairman
Young) initiating the majority's own investigation into the financial
conduct of the program.
As it turned out, these investigations did identify problems
concerning how the Fish and Wildlife Service administers and executes
these programs, some considerable, several recurrent, but none criminal
or even illegal. Nonetheless, I am convinced that the Federal Aid
Program was long overdue for an administrative and financial overhaul.
I believe all members of this committee share that view.
I think it is also important to note that the Fish and Wildlife
Service has recognized and admitted that substantial errors have been
made in the enforcement of financial policies and procedures. Serious
reforms initiated by Fish and Wildlife Service Director Jamie Clark,
including the termination of discretionary grant programs, the hiring
of a new Federal aid expert to closely oversee the Federal Aid Office,
and the establishment of strict new policies for travel and expenses
indicate to me that the service is aggressively moving on reform.
The other body has improved this legislation. I am especially pleased
that it will now provide approximately an increase of $4 million for
administration, ensure some flexibility for unexpected administrative
costs up to $25,000, streamline the reporting and certification
requirements so that they are less cumbersome and tied into the annual
budget process.
I am also pleased that additional provisions were accepted in the
conference. Those provisions would require States to file annual
certifications that they have spent their grant funds in accordance to
the law, allow Puerto Rico to be eligible to receive hunter education
funding. And finally, I support the additional changes made by the
other body to attach to this legislation a clean reauthorization for
the National Fish and Wildlife Foundation and a clean bill to establish
a Centennial Commission for the National Wildlife Refuge System.
Mr. Speaker, I yield back the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this has been a long process, and I agree with the
gentleman from New Mexico (Mr. Udall) that this was really instigated
by the beginning of CARA legislation when it put in those millions of
dollars in the Fish and Wildlife Service. That is why I instigated the
investigation.
I want to thank my staff, Duane Gibson, who has worked very hard on
this measure, and especially Christina Delmont-Small. For the record,
she is now a Small instead of Delmont. She is on her honeymoon today
and she cannot be here to actually enjoy the success of 2 years.
But this issue is one, and I said after the hearings that the GAO
reported to us, that this is not about who is present and what happened
because of those people involved, not individually, but because the
agency itself, beginning in 1990, and the acceleration of the
expenditures of monies. We believe there was a tremendous amount of
money that was spent very frankly illegally. Of those people that
voluntarily established the Dingell-Johnson and the Pittman-Robertson
fund that voluntarily putting into that every day thinking as they buy
a fishing rod or a package of ammunition or a firearm or a bow, that it
was going into reestablishing State programs on the State level so that
they could have fish and wildlife not only to view but to hunt and
fish, and we find that the money is being misspent.
So what we are trying to do through this legislation, and even with
the Senate provisions in it, is we have tried to say, okay, forget who
has done it. Let us make sure it does not happen in the future. And we
believe this has been done in this legislation, and we are strongly
supportive of it. I urge all of my colleagues to support this
legislation with a good aye vote.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Pease). The question is on the motion
offered by the gentleman from Alaska (Mr. Young) that the House suspend
the rules and concur in the Senate amendments to the bill, H.R. 3671.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. UDALL of New Mexico. 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 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
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