[House Report 109-112]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-112

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



 
   NATIONAL FISH AND WILDLIFE FOUNDATION REAUTHORIZATION ACT OF 2005

                                _______
                                

  June 8, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1428]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1428) to authorize appropriations for the National Fish 
and Wildlife Foundation, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Fish and Wildlife Foundation 
Reauthorization Act of 2005''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

  Section 10(a)(1) of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3709(a)(1)) is amended by striking 
``fiscal years 2001 through 2005'' and inserting ``fiscal years 2006 
through 2010''.

SEC. 3. APPLICATION OF NOTICE REQUIREMENT LIMITED TO GRANTS MADE WITH 
                    FEDERAL FUNDS.

  Section 4(i) of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3703(i)) is amended by striking ``grant of 
funds'' and inserting ``grant of Federal funds in an amount greater 
than $10,000''.

SEC. 4. CLARIFICATION OF AUTHORITY TO USE FEDERAL FUNDS TO MATCH 
                    CONTRIBUTIONS MADE TO RECIPIENTS OF NATIONAL FISH 
                    AND WILDLIFE FOUNDATION GRANTS.

  Section 10(a)(3) of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3709(a)(3)) is amended by inserting ``, or 
to a recipient of a grant provided by the Foundation,'' after ``made to 
the Foundation''.

SEC. 5. REPEAL.

  Effective September 30, 2015, the National Fish and Wildlife 
Foundation Establishment Act (16 U.S.C. 3701 et seq.) is hereby 
repealed.

                          Purpose of the Bill

    The purpose of H.R. 1428 is to authorize appropriations for 
the National Fish and Wildlife Foundation.

                  Background and Need for Legislation

    On March 26, 1984, President Ronald Reagan signed H.R. 2809 
into law, thus establishing the National Fish and Wildlife 
Foundation (Public Law 98-244). The National Fish and Wildlife 
Foundation Establishment Act states that: ``The Foundation is a 
charitable and nonprofit corporation and is not an agency or 
establishment of the United States. The purposes of the 
Foundation are: 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 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.''
    The Act stipulated that the Foundation would be governed by 
a Board of Directors consisting of nine U.S. citizens appointed 
by the Secretary of the Interior; the members of the Board 
would serve for a maximum of twelve years without pay but would 
be eligible for travel and subsistence expenses. The Foundation 
would be audited on a yearly basis. Furthermore, the Foundation 
was required to match, on a one-for-one basis, any money it 
received from the U.S. Congress for the purpose of grant 
awards. The Foundation was authorized initially to receive up 
to $1 million a year for a ten-year period.
    In 1988, the Congress increased the authorization level for 
the Foundation to $5 million a year and also repealed the one-
for-one matching fund requirement (Public Law 100-240). In 
1990, Congress extended and increased the Foundation's 
authorization ceilings in the following manner: $15 million in 
Fiscal Year 1991, $20 million in Fiscal Year 1992 and $25 
million in Fiscal Year 1993. In addition, the legislation 
(Public Law 101-593) prohibited the Foundation from using any 
federal funds for its administrative expenses including 
salaries, travel, transportation and other overhead expenses. 
In 1994, the National Fish and Wildlife Improvement Act was 
enacted. This law (Public Law 103-232) contained several 
provisions including: expansion of the Foundation's Board of 
Directors from nine to 15 members; explicit new authority for 
the Foundation to work with the National Oceanic and 
Atmospheric Administration on marine conservation projects; and 
authorizations of $25 million annually for five fiscal years 
until September 30, 1998.
    In 2000, the Congress enacted the National Fish and 
Wildlife Foundation Establishment Act Amendments. This 
legislation again increased the size of the Board of Directors 
to 25 members; reinstated the matching requirement; established 
a 30-day Congressional notice requirement for any proposed 
conservation grant; prohibited the use of federal funds by 
those groups or individuals who obtain grant money from the 
Foundation from engaging in litigation and lobbying; and 
extended authorizations of appropriations until September 30, 
2003. However, Congress inadvertently reduced the Foundation's 
authorization for the Department of the Interior from $25 to 
$20 million. This oversight was corrected in Section 6 of 
Public Law 107-141, the Asian Elephant Conservation 
Reauthorization Act of 2002. This measure restored the 
authorization to $25 million per year and extended the 
authorization period until September 30, 2005.
    Most recently, Congress approved in 2003 the National Park 
System Laws Technical Amendments Act which partially affected 
the Foundation. Incorporated within Section 9 of Public Law 
108-352 is language stipulating that employees of foundations 
established by Acts of Congress, which includes the National 
Fish and Wildlife Foundation, the National Forest Foundation 
and the National Park Foundation, are eligible for General 
Services Administration contract airfares.
    Since its establishment in 1984, the Foundation has funded 
more than 6,420 conservation projects throughout the United 
States and in other counties. By using a partnership and 
challenge grant approach, $305 million in federal funds have 
leveraged conservation projects worth more than $918.8 million. 
This match ratio of $3 non-federal dollars for each federal 
dollar appropriated to the Foundation is outstanding. Moreover, 
the Foundation has built partnerships with 388 federal 
partners, 514 state and local agencies, 186 colleges and 
universities, and 1,815 different conservation groups, 
including the Alliance for the Chesapeake Bay, Ducks Unlimited, 
the Izaak Walton League of America, the National Audubon 
Society, the Malpai Borderlands Group, Nez Perce Tribe, Palau 
Conservation Society, Point Reyes Bird Observatory, Rocky 
Mountain Elk Foundation and the Wildlife Conservation Society.
    The fundamental goals of the funded conservation projects 
has been: to engage the broadest possible base of partners for 
collaborative conservation; increase resources for 
conservation; support innovative and sustainable conservation 
solutions; respect private property rights and enhance personal 
and community livelihoods; recover and sustain viable and 
healthy ecosystems; maintain scientific rigor and integrity; 
and maximize efficiency, customer service and financial 
accountability.
    In the past few years, the Foundation has allocated money 
for a number of important conservation projects including the 
California Saltwater Wetlands Habitat Restoration, the 
Chesapeake Bay Wildlife Habitat Stewardship, Conserving Coral 
Reef Ecosystems, Early Warning System for Invasive Species, New 
Jersey Pinelands Protections, California Rangeland Trust, 
Oyster Restoration in Maryland's Coastal Bays and the 
Conservation of Endangered Sea Turtles and their Habitat. In 
addition, the Foundation has successfully collaborated with a 
number of non-governmental entities such as Exxon Mobile 
Foundation, the Alcoa Foundation, Anheuser-Busch, CALFED Bay 
Delta Program, ESPN, the Southern Company, Bass Pro Shops, 
Conoco Phillips, Disney, and the United States Golf Association 
to support projects.
    One of the most exciting conservation projects has been the 
partnership between the National Fish and Wildlife Foundation 
and the Exxon Mobile Foundation in the establishment of the 
Save the Tiger Fund (STF) in 1995. The STF is designed to 
assist in the conservation of highly endangered tigers in the 
wild, which are estimated to be about 5,000 animals. Since 
1995, the Save the Tiger Fund has financed 270 projects in 
excess of $13 million for the advancementof conservation 
science, as well as improve the welfare of the local people who inhabit 
wild tiger range land. This Fund, together with the monies appropriated 
by Congress to the Rhinoceros and Tiger Conservation Fund, is critical 
to the survival of this species.
    This legislation makes several improvements to the 
underlying statue including: modification of the notice to 
Members of Congress requirement to those projects that receive 
more than $10,000 in federal funds and clarification of the 
term ``recipient'' to ensure that the proper grant authority is 
responsible for satisfying the one-to-one matching requirement. 
During the hearing on this legislation, the Chairman of the 
Foundation's Board of Directors indicated that the Board would 
continue to notify Congress on all of its grants. In fact, only 
those projects that have gone through the Congressional 
notification process and approved by the 25-member Board of 
Directors are eligible for any grant money. The bill also 
extends the current authorization levels until September 30, 
2010.

                            Committee Action

    H.R. 1428 was introduced on March 17, 2005, by Congressmen 
Richard W. Pombo (R-CA). The bill was referred to the Committee 
on Resources and within the Committee to the Subcommittee on 
Fisheries and Oceans. On April 26, 2005, the Subcommittee held 
a hearing on the bill. On May 18, 2005, the Full Resources 
Committee met to consider the bill. The Subcommittee was 
discharged from further consideration of the bill by unanimous 
consent. Chairman Richard Pombo offered an amendment in the 
nature of a substitute that stipulated that the underlying 
statute creating the National Fish and Wildlife Foundation 
would be repealed on September 30, 2015, if the Congress fails 
to reauthorize additional money for that organization prior to 
that date. The amendment was adopted by unanimous consent. The 
bill, as amended, was then ordered favorably reported to the 
House of Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to authorize appropriations for the 
National Fish and Wildlife Foundation.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1428--National Fish and Wildlife Foundation Reauthorization Act of 
        2005

    Summary: H.R. 1428 would extend the authorization of 
appropriations for federal support of the National Fish and 
Wildlife Foundation. CBO estimates that implementing H.R. 1428 
would cost $30 million in 2006 and $150 million over the next 
five years, assuming appropriation of the authorized amounts. 
Enacting the bill would not affect direct spending or revenues. 
H.R. 1428 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1428 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).
    H.R. 1428 would authorize, through 2010, appropriations 
totaling $30 million a year for federal support of the National 
Fish and Wildlife Foundation ($7 million was appropriated for 
that purpose in fiscal year 2005). The foundation is a 
nonprofit corporation established by federal law to provide 
grants for activities related to conserving and managing fish, 
wildlife, plants, and other natural resources. Assuming 
appropriation of the specified amounts, CBO estimates that 
payments to the foundation under H.R. 1428 would cost $30 
million a year over the 2006-2010 period.

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2005    2006    2007    2008    2009    2010
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law for the National Fish and Wildlife
 Foundation:
    Budget Authority \1\........................................       7       0       0       0       0       0
    Estimated Outlays...........................................       7       0       0       0       0       0
Proposed Changes:
    Authorization Level.........................................       0      30      30      30      30      30
    Estimated Outlays...........................................       0      30      30      30      30      30
Spending Under H.R. 1428 for the National Fish and Wildlife
 Foundation:
    Authorization Level \1\.....................................       7      30      30      30      30      30
    Estimated Outlays...........................................       7      30      30      30      30      30
----------------------------------------------------------------------------------------------------------------
\1\ The 2005 level is the amount appropriated for federal support of the National Fish and Wildlife Foundation
  for that year.

    Intergovernmental and private-sector impact: H.R. 1428 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Megan Carroll. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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

           *       *       *       *       *       *       *



SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

  (a)  * * *

           *       *       *       *       *       *       *

  (i) Notice to Members of Congress.--The Foundation shall not 
make a [grant of funds] grant of Federal funds in an amount 
greater than $10,000 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. 10. AUTHORIZATION OF APPROPRIATIONS.

  (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 2005] fiscal years 2006 through 
        2010--
                  (A)  * * *

           *       *       *       *       *       *       *

          (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, or to a 
        recipient of a grant provided by the Foundation, by 
        private persons and State and local government 
        agencies.

           *       *       *       *       *       *       *


[Effective September 30, 2015, section 5 of H.R. 1428 provides that the 
Act entitled National Fish and Wildlife Foundation Establishment Act is 
                               repealed.]

[SECTION 1. SHORT TITLE.

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

[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, 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.

[SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

  [(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.--
          [(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 six shall be educated 
                        or experienced in fish, wildlife, or 
                        other natural resource conservation;
                          [(ii) at least four shall be educated 
                        or experienced in the principles of 
                        fish, wildlife, or other natural 
                        resource management; and
                          [(iii) at least four 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 the 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 eight 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, three 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) two Directors for a term of 2 
                        years; and
                          [(ii) three 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) 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;
          [(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;
          [(8) to borrow money and issue bonds, debentures, or 
        other debt instruments;
          [(9) to sue and be sued, and complain and defend 
        itself in any court of competent jurisdiction, except 
        that the Directors of the Foundation shall not be 
        personally liable, except for gross negligence;
          [(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
          [(11) to do any and all acts necessary and proper to 
        carry out the purposes of the Foundation.
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 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 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) 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 one 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.
  [(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. 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 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 the Committee on 
Resources of the House of Representatives and the Committee on 
Environment and Public Works of the Senate 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). The report 
shall include a detailed statement of the recipient, amount, 
and purpose of each grant made by the Foundation in the fiscal 
year.
  [(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.

  [(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 2005--
                  [(A) $25,000,000 to the Department of the 
                Interior; and
                  [(B) $5,000,000 to the Department of 
                Commerce.
          [(2) Requirement of advance payment.--The amount made 
        available for a fiscal year under paragraph (1) shall 
        be provided to the Foundation in an advance payment of 
        the entire amount on October 1, or as soon as 
        practicable thereafter, of the fiscal year.
          [(3) Use of appropriated funds.--Subject to paragraph 
        (4), amounts made available under paragraph (1) shall 
        be provided to the Foundation for use for matching, on 
        a 1-to-1 basis, contributions (whether in currency, 
        services, or property) made to the Foundation by 
        private persons and State and local government 
        agencies.
          [(4) Prohibition on use for administrative 
        expenses.--No Federal funds made available under 
        paragraph (1) shall be used by the Foundation for 
        administrative expenses of the Foundation, including 
        for salaries, travel and transportation expenses, and 
        other overhead expenses.
  [(b) Additional Authorization.--
          [(1) In general.--In addition to the amounts 
        authorized to be appropriated under subsection (a), the 
        Foundation may accept Federal funds from a Federal 
        agency under any other Federal law for use by the 
        Foundation to further the conservation and management 
        of fish, wildlife, 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.).]

                                  
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