[Senate Report 105-224]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 434
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-224
_______________________________________________________________________


 
    NATIONAL FISH AND WILDLIFE ESTABLISHMENT ACT AMENDMENTS OF 1998

                                _______
                                

                 June 25, 1998.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2095]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2095) to reauthorize and amend the National 
Fish and Wildlife Foundation Establishment Act, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill do pass.

                               Background

    In 1984, Congress passed and President Ronald Reagan signed 
into law a bill creating the National Fish and Wildlife 
Foundation. The Foundation is a Federally chartered, 
charitable, nonprofit corporation established to accept and 
administer gifts from private citizens for fish, wildlife and 
plant conservation. The Foundation develops private sector 
support for selected programs and activities of the United 
States Fish and Wildlife Service and the National Oceanic and 
Atmospheric Administration that traditionally have not been 
adequately funded through annual appropriations.
    Since its creation in 1984, the Foundation has been very 
successful in establishing public and private partnerships to 
conserve fish, wildlife and plants using Federal funds matched 
by private donations. On average, the Foundation has brought in 
more than two private sector dollars for every Federal dollar 
appropriated. With these funds, the Foundation has financed 
more than 2,550 conservation projects throughout the United 
States and in 35 other countries that, using partnerships and 
challenge grants, have been worth more than $310 million. The 
Foundation has conducted these projects with a wide range of 
State and local agencies, academic institutions and 
conservation groups, including the Manomet Observatory, 
Chesapeake Bay Foundation, Defenders of Wildlife, Ducks 
Unlimited, Rocky Mountain Elk Foundation, International 
Association of Fish and Wildlife Agencies, Whirling Disease 
Foundation and The Nature Conservancy.
    Through its grant program for conservation projects, the 
Foundation works to promote habitat conservation, environmental 
education and natural resource management. The Foundation 
awards grants in five major categories: conservation education, 
wetlands and private lands, neotropical migratory bird 
conservation, fisheries conservation and management, and 
wildlife and habitat management.
Objectives of Legislation
    This legislation makes several significant changes to the 
Foundation's enabling legislation. First, it expands board 
membership on the Foundation from the current number of 15 to 
25. Second, the bill expands the Foundation's jurisdiction. 
Under current law, the Foundation is only authorized to accept 
and administer private gifts of property in connection with the 
work of the United States Fish and Wildlife Service and the 
National Oceanic and Atmospheric Administration. The bill 
authorizes the Foundation to do so with any agency within the 
Department of the Interior or the Department of Commerce to 
further the conservation and management of fish, wildlife and 
plants. Third, it authorizes annual appropriations through 
fiscal year 2003 to the Department of the Interior of $30 
million and to the Department of Commerce of $5 million. The 
Foundation's current authorization expires on September 30, 
1998.

                      Section-By-Section Analysis

Section 1. Short Title
    Section 1 designates the bill as the ``National Fish and 
Wildlife Foundation Establishment Act Amendments of 1998''.
Section 2. Purposes
    Section 2 amends the National Fish and Wildlife Foundation 
Establishment Act by providing authority for the Foundation to 
accept and administer private gifts of property in connection 
with the work of other agencies (in addition to the United 
States Fish and Wildlife Service and the National Oceanic and 
Atmospheric Administration) within the Department of the 
Interior and the Department of Commerce to further the 
conservation and management of fish, wildlife and plants.
Section 3. Board of Directors of the Foundation
    Section 3 makes several changes to the structure of the 
Board of Directors. Section 3(a) increases the number of 
directors on the board from 15 to 25 to assist the Foundation 
in carrying out its responsibilities.
    Section 3(b) requires the Board to include the Director of 
the United States Fish and Wildlife Service and the Under 
Secretary of Commerce for Oceans and Atmosphere. The bill 
provides the Board an opportunity to make recommendations to 
the Secretary of the Interior on potential candidates for the 
Board but retains the current requirement that those 
appointments be made by the Secretary. This section also 
includes qualification criteria, terms of service, the 
establishment of staggered terms for new directors, and 
procedures for filling Board vacancies.
    Section 3(c) exempts the Foundation from the Federal 
Advisory Committee Act (5 U.S.C. App.) It is not anticipated 
that there will be a need for further changes in either the 
appointment process or the size or structure of the Board.
Section 4. Rights and Obligations of the Foundation
    Section 4(a) authorizes the Foundation to have its 
principal offices in the greater Washington D.C. metropolitan 
area.
    Section 4(b) authorizes the Foundation to invest Federal 
funds in obligations of the United States or in obligations or 
securities that are guaranteed or insured by the United States; 
to deposit Federal funds into accounts insured by the United 
States; to make use of the interest or investment income 
earned; and to use Federal funds in cooperative agreements with 
willing private landowners for restoration or enhancement of 
fish, wildlife and plant resources on private land.
    Section 4(c) authorizes the Foundation to acquire property 
with Federal funds after notifying the appropriate agency, 
provided that the agency does not object in writing within 45 
days.
    Section 4(d) repeals Section 304 of Public Law 102-440 
(Wild Bird Conservation Act of 1992) to remove an outdated 
audit requirement. The Foundation would be subjected to the 
general government audit threshold of $300,000.
    Section 4(e) authorizes the Foundation to convey property 
acquired with Federal funds or to provide Federal funds for 
acquiring property to persons, other than the United States 
Fish and Wildlife Service, after notifying the appropriate 
agency, provided that the agency does not object in writing 
within 45 days.
    Section 4(f) directs the Foundation to convey, at not less 
than fair market value, property acquired by the Foundation 
with Federal funds if the Foundation notifies the appropriate 
agency and the agency does not disagree within 45 days that the 
property is no longer valuable for conservation or management 
of fish, wildlife and plants and the proceeds could be better 
used for other authorized activities.
    The purpose of Sections 4(c), 4(e) and 4(f) is to improve 
the operation of the Foundation and to maximize the use of its 
funds for fish and wildlife conservation projects. Under 
current law, the Director of the U.S. Fish and Wildlife Service 
must consent in writing before the Foundation may acquire or 
convey certain property. This has caused time-consuming and 
unnecessary delays.
Section 5. Authorization of Appropriations
    Section 5(a) authorizes appropriations of $35 million per 
year to implement the Act through Fiscal Year 2003, of which 
$30 million would go to the Department of the Interior and $5 
million would go to the Department of Commerce. To minimize 
additional paperwork and administrative burden, the Foundation 
shall receive the entire appropriation on October 1, or as soon 
as practicable thereafter, of each fiscal year.
    Section 5(b) authorizes the Foundation to accept Federal 
funds from a Federal agency under any other Federal law 
provided that those funds are used by the Foundation to 
conserve and manage fish, wildlife and plant resources in 
accordance with the requirements of this Act.
    Section 5(c) requires Federal funds provided to the 
Foundation to be matched, in whole or in part, by nonfederal 
contributions. Federal funds used to carry out a cooperative 
agreement must be matched on at least a one-for-one basis. The 
Foundation is also prohibited from using any Federal funds for 
administrative expenses, including salaries, travel and 
transportation expenses, and other overhead expenses. The 
Committee adopted an amendment during its business meeting 
prohibiting grant recipients from using Federal appropriations 
under this Act to engage in activities relating to lobbying or 
litigation

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes evaluation of 
the regulatory impact of the reported bill. The reported bill 
will have no regulatory impact. This bill will not have any 
adverse impact on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee finds that S. 2095 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments. All of its governmental 
directives are imposed on Federal agencies. The bill does not 
directly impose any private sector mandates.

                          Legislative History

    On May 20, 1998, Senator Chafee introduced S. 2095, a bill 
to reauthorize and amend the National Fish and Wildlife 
Foundation Establishment Act. No hearings were held on this 
bill. On Thursday, May 21, 1998, the Committee on Environment 
and Public Works held a business meeting to consider this bill. 
Senator Kempthorne offered an amendment during the full 
Committee business meeting that prevents grant recipients from 
using Federal funds under this Act to engage in lobbying or 
litigation. The amendment was adopted by voice vote. S. 2095, 
as amended, was favorably reported out of the Committee by 
voice vote.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of a reported 
bill, prepared by the Congressional Budget Office, be included 
in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 29, 1998.

Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2095, the National 
Fish and Wildlife Foundation Establishment Act Amendments of 
1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Joanna 
Wilson and Deborah Reis, both of whom can be reached at 226-
2860.

            Sincerely,
                                           June E. O'Neill,
                                                          Director.
                                ------                                


               Congressional Budget Office Cost Estimate

    S. 2095, National Fish and Wildlife Foundation 
Establishment ActAmendments of 1998, as ordered reported by the 
Senate Committee on Environment and Public Works on May 21, 
1998.
Summary
    S. 2095 would authorize the appropriation of a total of $35 
million for each of fiscal years 1999 through 2003 to the 
Department of the Interior ($30 million annually) and the 
Department of Commerce ($5 million annually) for making 
payments to the National Fish and Wildlife Foundation (NFWF). 
The payments would be available to the foundation to match 
contributions received from private, State, and local 
organizations to carry out various wildlife programs. Other 
provisions of the bill, which would amend the National Fish and 
Wildlife Foundation Establishment Act, would have no impact on 
Federal spending. Many ofthese provisions would clarify 
existing laws regarding the foundation's investment and use of 
federally appropriated funds.
    The bill would not affect direct spending or receipts, 
therefore, pay-as-you-go procedures would not apply. S. 2095 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
have no significant impact on the budgets of State, local, or 
tribal governments.
Estimated Cost to the Federal Government
    Assuming appropriation of the authorized amounts, CBO 
estimates that Federal agencies would make payments totaling 
$35 million to the NFWF in each of the next 5 years. The 
authorized annual payments are $10 million higher than the 
current annual authorization (which expires at the end of this 
fiscal year) and $29 million higher than the amount 
appropriated for payments to the NFWF for 1998. The estimated 
budgetary impact of S. 2095 is shown in the following table. 
The costs ofthis legislation fall within budget function 300 
(natural resources and environment).

                                     By fiscal year, in millions of dollars                                     
----------------------------------------------------------------------------------------------------------------
                                                                   1998    1999    2000    2001    2002    2003 
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION                                                                               
Spending Under Current Law:                                                                                     
    Budget Authority\1\.........................................       6       0       0       0       0       0
    Estimated Outlays...........................................       6       0       0       0       0       0
Proposed Changes:                                                                                               
    Authorization Level.........................................       0      35      35      35      35      35
    Estimated Outlays...........................................       0      35      35      35      35      35
Spending Under S. 2095:                                                                                         
    Authorization Level\1\......................................       6      35      35      35      35      35
    Estimated Outlays...........................................       6      35      35      35      35      35
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year.                                                    

    Pay-As-You-Go Considerations: None.
    Intergovernmental and Private-Sector Impact: S. 2095 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no significant impact on the 
budgets of State, local, or tribal governments.
    Previous CBO Estimate: On March 31, 1998, CBO prepared a 
cost estimate for H.R. 2376, the National Fish and Wildlife 
Foundation Establishment Act Amendments of 1997, as ordered 
reported by the House Committee on Resources on March 11, 1998. 
In contrast to S. 2095's 5-year authorization of $35 million a 
year, H.R. 2376 would provide a 1-year authorization of $25 
million for fiscal year 1999.
    Estimate Prepared by: Joanna Wilson and Deborah Reis (226-
2860)
    Estimate Approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: existing law as proposed to 
be omitted is enclosed in [bold brackets]; new matter proposed 
to be added to existing law is printed in italic; and existing 
law in which no change is proposed is shown in roman.

               United States Code--Title 16--Conservation

           Chapter 57--National Fish and Wildlife Foundation

Sec. 3701. Establishment and purposes of Foundation
    (a) Establishment--.There is established the National Fish 
and Wildlife Foundation (hereinafter in this chapter referred 
to as the ``Foundation''). The Foundation is a charitable and 
nonprofit corporation and is not an agency or establishment of 
the United States.
    (b) Purposes--.The purposes of the Foundation are--
            [(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;]
            (1) to encourage, accept, and administer private 
        gifts of property for the benefit of, or in connection 
        with, the activities and services of the Department of 
        the Interior or the Department of Commerce, 
        particularly the United States Fish and Wildlife 
        Service and the National Oceanic and Atmospheric 
        Administration, to further the conservation and 
        management of fish, wildlife, and plant resources;
            (2) to undertake and conduct such other activities 
        as will further the conservation and management of the 
        fish, wildlife, and plant resources of the United 
        States, and its territories and possessions, for 
        present and future generations of Americans; and
            (3) to participate with, and otherwise assist, 
        foreign governments, entities, and individuals in 
        undertaking and conducting activities that will further 
        the conservation and management of the fish, wildlife, 
        and plant resources of other countries.
Sec. 3702. Board of Directors of Foundation
    [(a) Establishment and membership--.The Foundation shall 
have a governing Board of Directors (hereinafter referred to in 
this chapter as the ``Board''), which shall consist of 15 
Directors, each of whom shall be a United States citizen and--
            [(1) six of whom must be knowledgeable or 
        experienced in fish and wildlife conservation; and
            [(2) 4 of whom must be educated and experienced in 
        the principles of fish and wildlife management. The 
        membership of the Board, to the extent practicable, 
        shall represent diverse points of view relating to fish 
        and wildlife conservation. The Director of the United 
        States Fish and Wildlife Service shall be an ex officio 
        nonvoting member of the Board. Appointment to the Board 
        shall not constitute employment by, or the holding of 
        an office of, the United States for the purposes of any 
        Federal law.]
    (a) Establishment and Membership.--
            (1) In general.--The Foundation shall have a 
        governing Board of Directors (referred to in this Act 
        as the ``Board''), which shall consist of 25 Directors 
        appointed in accordance with subsection (b), each of 
        whom shall be a United States citizen.
            (2) Representation of diverse points of view.--To 
        the maximum extent practicable, the membership of the 
        Board shall represent diverse points of view relating 
        to conservation and management of fish, wildlife, and 
        plants.
            (3) Not federal employees.--Appointment as a 
        Director of the Foundation shall not constitute 
        employment by, or the holding of an office of, the 
        United States for the purpose of any Federal law.
    [(b) Appointment and terms--.By December 31, 1984, the 
Secretary of the Interior (hereinafter referred to in this 
chapter as the ``Secretary'') shall appoint the Directors of 
the Board. The Directors shall be appointed for terms of six 
years; except that the Secretary, in making the initial 
appointments to the Board, shall appoint three Directors to a 
term of two years, three Directors to a term of four years, and 
three Directors to a term of six years. A vacancy on the Board 
shall be filled within sixty days of said vacancy in the manner 
in which the original appointment was made. No individual may 
serve more than two consecutive terms as a Director. The 
Secretary of the Interior shall consult with the Under 
Secretary of Commerce for Oceans and Atmosphere before 
appointing any Director of the Board.]
    (b) Appointment and Terms.--
            (1) Agency heads.--The Director of the United 
        States Fish and Wildlife Service and the Under 
        Secretary of Commerce for Oceans and Atmosphere shall 
        be Directors of the Foundation.
            (2) Appointments by the secretary of the 
        interior.--
                    (A) In general.--Subject to subparagraph 
                (B), after consulting with the Secretary of 
                Commerce and considering the recommendations 
                submitted by the Board, the Secretary of the 
                Interior shall appoint 23 Directors who meet 
                the criteria established by subsection (a), of 
                whom--
                            (i) at least 6 shall be 
                        knowledgeable or experienced in fish 
                        and wildlife conservation;
                            (ii) at least 4 shall be educated 
                        or experienced in the principles of 
                        fish and wildlife management; and
                            (iii) at least 4 shall be 
                        knowledgeable or experienced in ocean 
                        and coastal resource conservation.
                    (B) Transition provision.--
                            (i) Continuation of terms.--The 15 
                        Directors serving on the Board as of 
                        the date of enactment of this paragraph 
                        shall continue to serve until the 
                        expiration of their terms.
                            (ii) New directors.--The Secretary 
                        of the Interior shall appoint 8 new 
                        Directors; to the maximum extent 
                        practicable those appointments shall be 
                        made not later than 45 calendar days 
                        after the date of enactment of this 
                        paragraph.
            (3) Terms.--
                    (A) In general.--Subject to subparagraph 
                (B), each Director (other than a Director 
                described in paragraph (1)) shall be appointed 
                for a term of 6 years.
                    (B) Initial appointments to new member 
                positions.--Of the Directors appointed by the 
                Secretary of the Interior under paragraph 
                (2)(B)(ii), the Secretary shall appoint--
                            (i) 2 Directors for a term of 2 
                        years;
                            (ii) 3 Directors for a term of 4 
                        years; and
                            (iii) 3 Directors for a term of 6 
                        years.
            (4) Vacancies.--
                    (A) In general.--The Secretary of the 
                Interior shall fill a vacancy on the Board; to 
                the maximum extent practicable the vacancy 
                shall be filled not later than 45 calendar days 
                after the occurrence of the vacancy.
                    (B) Term of appointments to fill unexpired 
                terms.--An individual appointed to fill a 
                vacancy that occurs before the expiration of 
                the term of a Director shall be appointed for 
                the remainder of the term.
            (5) Reappointment.--An individual (other than an 
        individual described in paragraph (1)) shall not serve 
        more than 2 consecutive terms as a Director, excluding 
        any term of less than 6 years.
    (c) Chairman--.The Chairman shall be elected by the Board 
from its members for a two-year term.
    (d) Quorum--.A majority of the current membership of the 
Board shall constitute a quorum for the transaction of 
business.
    (e) Meetings--.The Board shall meet at the call of the 
Chairman at least once a year. If a Director misses three 
consecutive regularly scheduled meetings, that individual may 
be removed from the Board and that vacancy filled in accordance 
with subsection (b) of this section.
    (f) Reimbursement of expenses--.Members of the Board shall 
serve without pay, but may be reimbursed for the actual and 
necessary traveling and subsistence expenses incurred by them 
in the performance of the duties of the Foundation.
    (g) General powers--
            (1) The Board may complete the organization of the 
        Foundation by--
                    (A) appointing officers and employees;
                    (B) adopting a constitution and bylaws 
                consistent with the purposes of the Foundation 
                and the provisions of this chapter; and
                    (C) undertaking of other such acts as may 
                be necessary to carry out the provisions of 
                this chapter.
            (2) The following limitations apply with respect to 
        the appointment of officers and employees of the 
        Foundation:
                    (A) Officers and employees may not be 
                appointed until the Foundation has sufficient 
                funds to pay them for their service. Officers 
                and employees of the Foundation shall be 
                appointed without regard to the provisions of 
                title 5 governing appointments in the 
                competitive service, and may be paid without 
                regard to the provisions of chapter 51 and 
                subchapter III of chapter 53 of such title 
                relating to classification and General Schedule 
                pay rates.
                    (B) The first officer or employee appointed 
                by the Board shall be the Secretary of the 
                Board who (i) shall serve, at the direction of 
                the Board, as its chief operating officer, and 
                (ii) shall be knowledgeable and experienced in 
                matters relating to fish and wildlife 
                conservation.
    (h) Procedural Matters.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Foundation.
Sec. 3703. Rights and obligations of Foundation
    (a) In general--.The Foundation--
            (1) shall have perpetual succession;
            (2) may conduct business throughout the several 
        States, territories, and possessions of the United 
        States and abroad;
            (3) shall have its principal offices in the 
        District of Columbia or in a county in the State of 
        Maryland or Virginia that borders on the District of 
        Columbia; and
            (4) shall at all times maintain a designated agent 
        authorized to accept service of process for the 
        Foundation. The serving of notice to, or service of 
        process upon, the agent required under paragraph (4), 
        or mailed to the business address of such agent, shall 
        be deemed as service upon or notice to the Foundation.
    (b) Seal--.The Foundation shall have an official seal 
selected by the Board which shall be judicially noticed.
    (c) Powers--.To carry out its purposes under section 3701 
of this title, the Foundation shall have, in addition to the 
powers otherwise given it under this chapter, the usual powers 
of a corporation acting as a trustee in the District of 
Columbia, including the power -
            (1) to accept, receive, solicit, hold, administer 
        and use any gift, devise, or bequest, either absolutely 
        or in trust, of real or personal property or any income 
        therefrom or other interest therein;
            (2) to acquire by purchase or exchange any real or 
        personal property or interest therein, subject to 
        subsection (e) of this section;
            (3) to invest any funds provided to the Foundation 
        by the Federal Government in obligations of the United 
        States or in obligations or securities that are 
        guaranteed or insured by the United States;
            (4) to deposit any funds provided to the Foundation 
        by the Federal Government into accounts that are 
        insured by an agency or instrumentality of the United 
        States;
            (5) to make use of any interest or investment 
        income that accrues as a consequence of actions taken 
        under paragraph (3) or (4) to carry out the purposes of 
        the Foundation;
            (6) to use Federal funds to make payments under 
        cooperative agreements entered into with willing 
        private landowners to provide substantial long-term 
        benefits for the restoration or enhancement of fish, 
        wildlife, and plant resources on private land;
            [(3)] (7) unless otherwise required by the 
        instrument of transfer, to sell, donate, lease, invest, 
        reinvest, retain or otherwise dispose of any property 
        or income therefrom;
            [(4)] (8) to borrow money and issue bonds, 
        debentures, or other debt instruments;
            [(5)] (9) to sue and be sued, and complain and 
        defend itself in any court of competent jurisdiction, 
        except that the [Directors of the Board] Directors of 
        the Foundation shall not be personally liable, except 
        for gross negligence;
            [(6)] (10) to enter into contracts or other 
        arrangements with public agencies and private 
        organizations and persons and to make such payments as 
        may be necessary to carry out its function; and
            [(7)] (11) to do any and all acts necessary and 
        proper to carry out the purposes of the Foundation. For 
        purposes of this chapter, an interest in real property 
        shall be treated as including, among other things, 
        easements or other rights for preservation, 
        conservation, protection, or enhancement by and for the 
        public of natural, scenic, historic, scientific, 
        educational, inspirational, or recreational resources. 
        A gift, devise, or bequest may be accepted by the 
        Foundation even though it is encumbered, restricted, or 
        subject to beneficial interests of private persons if 
        any current or future interest therein is for the 
        benefit of the Foundation.
    (d) Certain lands, waters, and interests not subject to 
condemnation--.No lands or waters, or interests therein, that 
are owned by the Foundation and are determined by the Director 
of the United States Fish and Wildlife Service or the Migratory 
Bird Conservation Commission, as the case may be, to be 
valuable for purposes of fish and wildlife conservation or 
management shall be subject to condemnation by any State or 
political subdivision, or any agent or instrumentality thereof.
    (e) Acquisition, management, and disposal of real 
property--
            (1) The Foundation may only use Federal funds for 
        the acquisition of interests in real property if--
                    (A) the interest is a long-term property 
                interest, and
                    [(B) the Director of the United States Fish 
                and Wildlife Service (hereafter in this 
                subsection referred to as the ``Director'') 
                consents to the acquisition in writing.]
                    (B) the Foundation notifies the Federal 
                agency that administers the program under which 
                the funds were provided of the proposed 
                acquisition, and the agency does not object in 
                writing to the proposed acquisition within 45 
                calendar days after the date of the 
                notification.
            (2) The Foundation shall convey to the United 
        States Fish and Wildlife Service for inclusion within 
        the National Wildlife Refuge System any real property 
        acquired by the Foundation in whole or in part with 
        Federal funds if the Director, within one year after 
        the date on which the property was acquired by the 
        Foundation, requests the conveyance in writing.
            (3)(A) Subject to subparagraph (B), the Foundation 
        may--
                            (i) convey to another person any 
                        real property acquired in whole or in 
                        part with Federal funds and not 
                        conveyed under paragraph (2); and
                            (ii) grant or otherwise provide 
                        Federal funds to another person for 
                        purposes of assisting that person to 
                        acquire real property in whole or in 
                        part with such funds.
                    (B) The Foundation may only make a 
                conveyance or provide Federal funds under 
                subparagraph (A) if--
                            (i) the conveyance or provision is 
                        subject to terms and conditions that 
                        will ensure that the real property will 
                        be administered for the long-term 
                        conservation and management of fish and 
                        wildlife and in a manner that will 
                        provide for appropriate public access 
                        and use; and
                            [(ii) the Director finds that 
                        conveyance or provision of Federal 
                        funds meets the requirements of clause 
                        (i) and consents to it in writing.]
            (ii) the Foundation notifies the Federal agency 
        that administers the Federal program under which the 
        funds were provided of the proposed conveyance or 
        provision of Federal funds, and the agency does not 
        object in writing to the proposed conveyance or 
        provision of Federal funds within 45 calendar days 
        after the date of the notification.
            (4) All real property acquired by the Foundation in 
        whole or in part with Federal funds and held by it 
        shall be administered for the conservation and 
        management of fish and wildlife and in a manner that 
        will provide for appropriate public access and use.
            [(5) The Foundation shall convey at not less than 
        fair-market value any real property acquired by it in 
        whole or in part with Federal funds if the Foundation 
        and the Director determine, in writing, that--
                    [(A) the land is no longer valuable for the 
                purposes of fish and wildlife conservation or 
                management, and
                    [(B) the purposes of the Foundation would 
                be better served by the use of the Federal 
                funds for other authorized activities of the 
                Foundation.]
            (5) Reconveyance of real property.--The Foundation 
        shall convey at not less than fair market value any 
        real property acquired by the Foundation in whole or in 
        part with Federal funds if the Foundation notifies the 
        Federal agency that administers the Federal program 
        under which the funds were provided, and the agency 
        does not disagree within 45 calendar days after the 
        date of the notification, that--
                    (A) the property is no longer valuable for 
                the purpose of conservation or management of 
                fish, wildlife, and plants; and
                    (B) the purposes of the Foundation would be 
                better served by use of the proceeds of the 
                conveyance for other authorized activities of 
                the Foundation.
    (f) 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. 3705. Volunteer status
    The [Secretary] Secretary of the Interior or the Secretary 
of Commerce may accept, without regard to the civil service 
classification laws, rules, or regulations, the services of the 
Foundation, the Board, and the officers and employees of the 
Board, without compensation from the Department of the Interior 
or the Department of Commerce, as volunteers in the performance 
of the functions authorized herein, in the manner provided for 
under section 742f(c)of this title.

           *       *       *       *       *       *       *

Sec. 3709. Authorization of appropriations
    [(a) Authorization--.There are authorized to be 
appropriated to the Department of the Interior $25,000,000 for 
each of fiscal years 1994, 1995, 1996, 1997, and 1998.
    [(b) Use of amounts appropriated--
            [(1) Subject to paragraph (2), amounts appropriated 
        under this section shall be made available to the 
        Foundation for use 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.
            [(2) No Federal funds authorized under this section 
        shall be used by the Foundation for administrative 
        expenses of the Foundation, including for salaries, 
        travel and transportation expenses, and other overhead 
        expenses.
    [(c) Additional authorization--.The amounts authorized to 
be appropriated under this section are in addition to any 
amounts provided or available to the Foundation under any other 
Federal law.]
    (a) Authorization of Appropriations.--
            (1) In general.--There are authorized to be 
        appropriated to carry out this Act for each of fiscal 
        years 1999 through 2003--
                    (A) $30,000,000 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.
    (b) Additional Authorization.--In addition to the amounts 
authorized to be appropriated under subsection (a), the 
Foundation may accept Federal funds from a Federal agency under 
any other Federal law for use by the Foundation to further the 
conservation and management of fish, wildlife, and plant 
resources in accordance with the requirements of this Act.
    (c) Use of Federal Funds.--
            (1) In general.--Subject to paragraphs (2) and (3), 
        Federal funds provided to the Foundation under this 
        section 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.
            (2) Prohibition on use for administrative 
        expenses.--No Federal funds provided to the Foundation 
        under this section shall be used by the Foundation to 
        pay for administrative expenses of the Foundation, 
        including for salaries, travel and transportation 
        expenses, and other overhead expenses.
            (3) Requirement of non-federal match.--No Federal 
        funds provided to the Foundation under this section 
        shall be used by the Foundation to carry out a 
        cooperative agreement under section 4(c)(6) unless the 
        funds are matched on at least a 1-for-1 basis by non-
        Federal contributions to the Foundation.


                              
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