[Senate Report 106-230]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 440
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-230

======================================================================





 
 NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT AMENDMENTS OF 
                                  1999

                                _______
                                

                 March 6, 2000.--Ordered to be printed

                                _______
                                

   Mr. Smith of New Hampshire, from the Committee on Environment and 
                 Public Works, submitted the following

                              R E P O R T

                         [to accompany S. 1653]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill to reauthorize and amend the National Fish and 
Wildlife Foundation Establishment Act, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                               Background

    In 1984, Congress passed and President 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 
(``NOAA'') that traditionally have not been adequately funded 
through annual appropriations. 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.
    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 3,500 conservation projects throughout the United 
States and in 35 other countries. Together with partnerships 
and challenge grants, the Foundation has provided $441 million 
for conservation projects. To fund these projects, the 
Foundation has entered into partnerships with a wide range of 
State and local agencies, academic institutions, conservation 
groups, and businesses including the Franklin Mint, the 
Phillips Petroleum Company, Chevrolet, the Chesapeake Bay 
Foundation, Ducks Unlimited, Bass Pro Shops, the International 
Association of Fish and Wildlife Agencies, the Salvation Army, 
and the National Audubon Society.

                       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 to 
include additional agencies within the Department of the 
Interior or the Department of Commerce to further the 
conservation and management of fish, wildlife, plants and 
natural resources. Third, it authorizes annual appropriations 
through fiscal year 2004 to the Department of the Interior of 
$30 million and to the Department of Commerce of $10 million. 
The Foundation's current authorization expired on September 30, 
1998.
    Legislation similar to S. 1653 passed the Senate by 
unanimous consent during the 105th Congress.

                      Section-By-Section Analysis

Section 1. Short Title
    Section 1 designates the bill as the ``National Fish and 
Wildlife Foundation Establishment Act Amendments of 1999''.
Sec. 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 agencies within the Department of the Interior 
and the Department of Commerce. Under current law, the 
Foundation is only authorized to accept and administer private 
gifts of property in connection with the Fish and Wildlife 
Service and NOAA. In some cases, it may be appropriate for the 
Foundation also to work with other agencies within the 
Departments of the Interior and Commerce as long as the 
projects administered by those agencies further the 
conservation and management of fish, wildlife, plants and 
natural resources. For example, it may be appropriate for the 
Foundation to work with the Bureau of Land Management to reduce 
sedimentation and improve habitat in river systems by restoring 
riparian barriers and enhancing upland habitat diversity. S. 
1653 will allow the Foundation to undertake such work.
Sec.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 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. The Executive Committee of the Board is authorized 
to request that the Secretary of the Interior, in consultation 
with the Secretary of Commerce, remove a Board member if that 
member is not performing the required duties. This section also 
includes qualification criteria, terms of service, the 
establishment of staggered terms for new directors, and 
procedures for filling Board vacancies. 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 3(c) makes several technical amendments.
Sec. 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. Current law requires the Foundation's principal offices 
to be located in the District of Columbia. This precludes the 
Foundation from accepting donated office space or renting more 
economically priced office space in the immediate area outside 
of the District of Columbia.
    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 60 
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 subject 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 Fish and Wildlife 
Service, after notifying the Federal agency whose funds are 
being utilized, provided that the agency does not object in 
writing within 60 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 60 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 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.
Sec. 5. Authorization of Appropriations
    Section 5(a) authorizes appropriations of $40 million per 
year to implement the Act through Fiscal Year 2004, of which 
$30 million would go to the Department of the Interior and $10 
million would go to the Department of Commerce. General 
appropriations granted under the authority of Section 5(a) must 
be matched on a one-to-one basis with nonfederal contributions. 
The Foundation also is prohibited from using any Federal funds 
appropriated under Section 5(a) for administrative expenses, 
including salaries, travel and transportation expenses, and 
other overhead expenses. 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, plant and natural resources 
in accordance with the requirements of this Act. Federal funds 
the Foundation receives from a Federal agency outside of the 
authority granted in Section 5(a) have to be matched to some 
degree by nonfederal contributions.
    Section 5(c) prohibits grant recipients from using Federal 
appropriations under this Act to engage in activities relating 
to lobbying or litigation.
Sec. 6. Limitation of Authority
    Section 6 clarifies that nothing within S. 1653 authorizes 
the Foundation to perform activities that are within the 
jurisdiction of the National Park Foundation (16 U.S.C. 19e et 
seq.).

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes the following 
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. 1653 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments. All of the bills directives are 
imposed on Federal agencies. The bill does not directly impose 
any private sector mandates.

                          Legislative History

    On September 28, 1999, Senator John H. Chafee introduced S. 
1653, a bill to reauthorize and amend the National Fish and 
Wildlife Foundation Establishment Act. No hearings were held on 
this bill. On Wednesday, February 9, 2000, the Committee on 
Environment and Public Works held a business meeting to 
consider this bill. S. 1653 was favorably reported by 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 the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 24, 2000.

Hon. Robert C. Smith, 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. 1653, the National 
Fish and Wildlife Foundation Establishment Act Amendments of 
1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis, 
who can be reached at 226-2860.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

S. 1653, National Fish and Wildlife Foundation Establishment Act 
        Amendments of 1999, As ordered reported by the Senate Committee 
        on Environment and Public Works on February 9, 2000
Summary
    S.1653 would authorize the appropriation of $40 million 
annually over the 2000-2004 period to the Department of the 
Interior ($30 million annually) and the Department of Commerce 
($10 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 of these 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. 1653 
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 
$40 million to the NFWF in fiscal year 2000 and in each of the 
following four years. The amounts that would be authorized to 
be appropriated for payment to the NFWF under S. 1653 are $15 
million higher than the previous annual authorization (which 
expired at the end of fiscal year 1998) and $33 million higher 
than the amount appropriated for payments to the NFWF for 2000. 
The estimated budgetary impact of S. 1653 is shown in the 
following table. The costs of this legislation fall within 
budget function 300 (natural resources and environment).


                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                   2000    2001    2002    2003    2004    2005
----------------------------------------------------------------------------------------------------------------
                SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
    Budget Authority a..........................................       7       0       0       0       0       0
    Estimated Outlays...........................................       6       1       0       0       0       0
Proposed Changes:
    Authorization Level.........................................      33      40      40      40      40       0
    Estimated Outlays...........................................      33      40      40      40      40       0
Spending Under S. 1653:
    Authorization Level.........................................      40      40      40      40      40       0
    Estimated Outlays...........................................      39      41      40      40      40       0
----------------------------------------------------------------------------------------------------------------
a The 2000 level is the amount appropriated for that year.


Pay-as-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact
    S. 1653 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.

Estimate Prepared by: Deborah Reis (226-2860).

Estimate Approved by: Peter H. Fontaine, 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 proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              


        NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT

      AN ACT To establish a National Fish and Wildlife Foundation.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Fish and Wildlife 
Foundation Establishment Act''.

(16 U.S.C. 3701 note)

SEC. 2. ESTABLISHMENT AND PURPOSES OF FOUNDATION.

    (a) Establishment.--There is established the National Fish 
and Wildlife Foundation (hereinafter in this Act 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 and the Department of Commerce to further 
        the conservation and management of fish, wildlife, 
        plants, and other natural 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.

(16 U.S.C. 3701)

SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

    [(a) Establishment and Membership.--The Foundation shall 
have a governing Board of Directors (hereinafter referred to in 
this Act 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, 
        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.--By December 31, 1984, the 
Secretary of the Interior (hereinafter referred to in this Act 
as the ``Secretary'') shall appoint the Directors of the Board. 
The Directors shall be appointed for terms of 6 years; except 
that the Secretary, in making the initial appointments to the 
Board, shall appoint 3 Directors to a term of 2 years, 3 
Directors to a term of 4 years, and 3 Directors to a term of 6 
years. A vacancy on the Board shall be filled within 60 days of 
said vacancy in the manner in which the original appointment 
was made. No individual may serve more than 2 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 educated or 
                        experienced in fish, wildlife, or other 
                        natural resource conservation;
                            (ii) at least 4 shall be educated 
                        or experienced in the principles of 
                        fish, wildlife, or other natural 
                        resource management; and
                            (iii) at least 4 shall be educated 
                        or experienced in ocean and coastal 
                        resource conservation.
                    (B) Transition provision.--
                            (i) Continuation of terms.--The 15 
                        Directors serving on the Board as of 
                        the date of enactment of this paragraph 
                        shall continue to serve until the 
                        expiration of their terms.
                            (ii) New directors.--The Secretary 
                        of the Interior shall appoint 8 new 
                        Directors. To the maximum extent 
                        practicable, those appointments shall 
                        be made not later than 45 calendar days 
                        after the date of enactment of this 
                        paragraph.
            (3) Terms.--
                    (A) In general.--Subject to subparagraph 
                (B), each Director (other than a Director 
                described in paragraph (1)) shall be appointed 
                for a term of 6 years.
                    (B) Initial appointments to new member 
                positions.--Of the Directors appointed by the 
                Secretary of the Interior under paragraph 
                (2)(B)(ii), the Secretary shall appoint--
                            (i) 2 Directors for a term of 2 
                        years;
                            (ii) 3 Directors for a term of 4 
                        years; and
                            (iii) 3 Directors for a term of 6 
                        years.
            (4) Vacancies.--
                    (A) In general.--The Secretary of the 
                Interior shall fill a vacancy on the Board. To 
                the maximum extent practicable, a vacancy shall 
                be filled not later than 45 calendar days after 
                the occurrence of the vacancy.
                    (B) Term of appointments to fill unexpired 
                terms.--An individual appointed to fill a 
                vacancy that occurs before the expiration of 
                the term of a Director shall be appointed for 
                the remainder of the term.
            (5) Reappointment.--An individual (other than an 
        individual described in paragraph (1)) shall not serve 
        more than 2 consecutive terms as a Director, excluding 
        any term of less than 6 years.
            (6) Request for removal.--The Executive Committee 
        of the Board may submit to the Secretary a letter 
        describing the nonperformance of a Director and 
        requesting the removal of the Director from the Board.
            (7) Consultation before removal.--Before removing 
        any Director from the Board, the Secretary shall 
        consult with the Secretary of Commerce.
    (c) Chairman.--The Chairman shall be elected by the Board 
from its members for a 2-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 3 
consecutive regularly scheduled meetings, that individual may 
be removed from the Board and that vacancy filled in accordance 
with subsection (b).
    (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 Act; and
                    (C) undertaking of other such acts as may 
                be necessary to carry out the provisions of 
                this Act.
            (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, United States Code, 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.

SEC. 4. RIGHTS AND OBLIGATIONS OF THE 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 2, the 
Foundation shall have, in addition to the powers otherwise 
given it under this Act, 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);
            (3) to invest any funds provided to the Foundation 
        by the Federal Government in obligations of the United 
        States or in obligations or securities that are 
        guaranteed or insured by the United States;
            (4) to deposit any funds provided to the Foundation 
        by the Federal Government into accounts that are 
        insured by an agency or instrumentality of the United 
        States;
            (5) to make use of any interest or investment 
        income that accrues as a consequence of actions taken 
        under paragraph (3) or (4) to carry out the purposes of 
        the Foundation;
            (6) to use Federal funds to make payments under 
        cooperative agreements entered into with willing 
        private landowners to provide substantial long-term 
        benefits for the restoration or enhancement of fish, 
        wildlife, plants, and other natural resources on 
        private land;
            [(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 functions; and
            [(7)] (11) to do any and all acts necessary and 
        proper to carry out the purposes of the Foundation. \1\
---------------------------------------------------------------------------
    \1\ Stipulated in reauthorizing language in P.L. 102-440: 
``Beginning in fiscal year 1993 and hereafter, the National Fish and 
Wildlife Foundation may continue to draw down Federal funds when 
matching requirements have been met: Provided, That interest earned by 
the Foundation and its subgrantees on funds drawn down to date, but not 
immediately disbursed, shall be used to fund all activities as approved 
by the Board of Directors: Provided further, That the Foundation's 
subgrantees shall be exempt from the audit reporting and compliance 
requirements of OMB Circular A-133, for all grants of $100,000 or less. 
The Foundation shall amend its grant contracts to ensure that its 
subgrantees are advised and certify that they will comply with all 
applicable Federal laws and regulations imposed on individuals or 
organizations receiving Federal funds.''.
---------------------------------------------------------------------------
For purposes of this Act, 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 (hereinafter 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 60 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 1 
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 60 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 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.
    (f)(1) In carrying out the purposes under section 2(b), the 
Foundation may establish a national whale conservation 
endowment fund, to be used by the Foundation to support 
research, management activities, or educational programs that 
contribute to the protection, conservation, or recovery of 
whale populations in waters of the United States.
    (2)(A) In a manner consistent with subsection (c)(1), the 
Foundation may--
            (i) accept, receive, solicit, hold, administer, and 
        use any gift, devise, or bequest made to the Foundation 
        for the express purpose of supporting whale 
        conservation; and
            (ii) deposit in the endowment fund under paragraph 
        (1) any funds made available to the Foundation under 
        this subparagraph, including any income or interest 
        earned from a gift, devise, or bequest received by the 
        Foundation under this subparagraph.
    (B) To raise funds to be deposited in the endowment fund 
under paragraph (1), the Foundation may enter into appropriate 
arrangements to provide for the design, copyright, production, 
marketing, or licensing, of logos, seals, decals, stamps, or 
any other item that the Foundation determines to be 
appropriate.
    (C)(i) The Secretary of Commerce may transfer to the 
Foundation for deposit in the endowment fund under paragraph 
(1) any amount (or portion thereof) received by the Secretary 
under section 105(a)(1) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1375(a)(1)) as a civil penalty assessed by the 
Secretary under that section.
    (ii) The Directors of the Board shall ensure that any 
amounts transferred to the Foundation under clause (i) for the 
endowment fund under paragraph (1) are deposited in that fund 
in accordance with this subparagraph.
    (3) It is the intent of Congress that in making 
expenditures from the endowment fund under paragraph (1) to 
carry out activities specified in that paragraph, the 
Foundation should give priority to funding projects that 
address the conservation of populations of whales that the 
Foundation determines--
            (A) are the most endangered (including the northern 
        right whale (Eubaleana glacialis)); or
            (B) most warrant, and are most likely to benefit 
        from, research management, or educational activities 
        that may be funded with amounts made available from the 
        fund.
    (g) In carrying out any action on the part of the 
Foundation under subsection (f), the Directors of the Board 
shall consult with the Administrator of the National Oceanic 
and Atmospheric Administration and the Marine Mammal 
Commission.
    (h) Expenditures for Printing Services or Capital 
Equipment.--The Foundation shall not make any expenditure of 
Federal funds in connection with any 1 transaction for printing 
services or capital equipment that is greater than $10,000 
unless the expenditure is approved by the Federal agency that 
administers the Federal program under which the funds were 
provided.

SEC. 5. ADMINISTRATIVE SERVICES AND SUPPORT.

    (a) Provision of Services.--The Secretary may provide 
personnel, facilities, and other administrative services to the 
Foundation, including reimbursement of expenses under section 
3, not to exceed the current Federal Government per diem rates, 
for a period of up to five years from the date of enactment of 
this Act.
    (b) Reimbursement.--The Foundation may reimburse the 
Secretary for any administrative service provided under 
subsection (a). The Secretary shall deposit any reimbursement 
received under this subsection into the Treasury to the credit 
of the appropriations then current and chargeable for the cost 
of providing such services.

SEC. 6. 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 7(c) of the Fish and Wildlife Act of 1956 (16 
U.S.C. 742f(c)).

SEC. 7. AUDITS, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL 
                    FOR EQUITABLE RELIEF.

    (a) Audits.--For purposes of the Act entitled ``An Act for 
audit accounts of private corporations established under 
Federal law'' approved August 30, 1964 (Public Law 88-504, 36 
U.S.C. 1101-1103), the Foundation shall be treated as a private 
corporation established under Federal law.
    (b) Report.--The Foundation shall, as soon as practicable 
after the end of each fiscal year, transmit to Congress a 
report of its proceedings and activities during such year, 
including a full and complete statement of its receipts, 
expenditures, and investments; and a description of all 
acquisition and disposal of real property that is subject to 
section 4(e).
    (c) Relief with Respect to Certain Foundation Acts or 
Failure to Act.--If the Foundation--
            (1) engages in, or threatens to engage in, any act, 
        practice, or policy that is inconsistent with its 
        purposes set forth in section 2(b); or
            (2) refuses, fails, or neglects to discharge its 
        obligations under this Act, or threatens to do'
the Attorney General of the United States may petition in the 
United States District Court for the District of Columbia for 
such equitable relief as may be necessary or appropriate.

SEC. 8. UNITED STATES RELEASE FROM LIABILITY.

    The United States shall not be liable for any debts, 
defaults, acts, or omissions of the Foundation nor shall the 
full faith and credit of the United States extend to any 
obligation of the Foundation.

SEC. 9. AMENDMENT AND REPEAL.

    The Congress expressly reserves the right to repeal or 
amend this Act at any time.

SEC. 10. [AUTHORIZATION OF APPROPRIATIONS.] FUNDING.

    [(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 2000 through 2004--
                    (A) $30,000,000 to the Department of the 
                Interior; and
                    (B) $10,000,000 to the Department of 
                Commerce.
            (2) Requirement of advance payment.--The amount 
        made available for a fiscal year under paragraph (1) 
        shall be provided to the Foundation in an advance 
        payment of the entire amount on October 1, or as soon 
        as practicable thereafter, of the fiscal year.
            (3) Use of appropriated funds.--Subject to 
        paragraph (4), amounts made available under paragraph 
        (1) shall be provided to the Foundation for use for 
        matching, on a 1-to-1 basis, contributions (whether in 
        currency, services, or property) made to the Foundation 
        by private persons and State and local government 
        agencies.
            (4) Prohibition on use for administrative 
        expenses.--No Federal funds made available under 
        paragraph (1) shall be used by the Foundation for 
        administrative expenses of the Foundation, including 
        for salaries, travel and transportation expenses, and 
        other overhead expenses.
    (b) Additional Authorization.--
            (1) In general.--In addition to the amounts 
        authorized to be appropriated under subsection (a), the 
        Foundation may accept Federal funds from a Federal 
        agency under any other Federal law for use by the 
        Foundation to further the conservation and management 
        of fish, wildlife, plants, and other natural resources 
        in accordance with the requirements of this Act.
            (2) Use of funds accepted from federal agencies.--
        Federal funds provided to the Foundation under 
        paragraph (1) shall be used by the Foundation for 
        matching, in whole or in part, contributions (whether 
        in currency, services, or property) made to the 
        Foundation by private persons and State and local 
        government agencies.
    (c) Prohibition on Use of Grant Amounts for Litigation and 
Lobbying Expenses.--Amounts provided as a grant by the 
Foundation shall not be used for--
            (1) any expense related to litigation; or
            (2) any activity the purpose of which is to 
        influence legislation pending before Congress.

SEC. 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.).
                              ----------                              


                   WILD BIRD CONSERVATION ACT OF 1992

AN ACT To promote the conservation of wild exotic birds, to provide for 
the Great Lakes Fish and Wildlife Tissue Bank, to reauthorize the Fish 
   and Wildlife Conservation Act of 1980, to reauthorize the African 
           Elephant Conservation Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wild Bird Conservation Act 
of 1992''.

           *       *       *       *       *       *       *


[SEC. 304. NATIONAL FISH AND WILDLIFE FOUNDATION.

    [Beginning in fiscal year 1993 and hereafter, the National 
Fish and Wildlife Foundation may continue to draw down Federal 
funds when matching requirements have been met: Provided, That 
interest earned by the Foundation and its subgrantees on funds 
drawn down to date, but not immediately disbursed, shall be 
used to fund all activities as approved by the Board of 
Directors: Provided further, That the Foundation's subgrantees 
shall be exempt from the audit reporting and compliance 
requirements of OMB Circular A-133, for all grants of $100,000 
or less. The Foundation shall amend its grant contracts to 
ensure that its subgrantees are advised and certify that they 
will comply with all applicable Federal laws and regulations 
imposed on individuals or organizations receiving Federal 
funds.]

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