[Senate Report 109-127]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 198
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-127

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



 
   NATIONAL FISH AND WILDLIFE FOUNDATION REAUTHORIZATION ACT OF 2005

                                _______
                                

                August 31, 2005.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 29, 2005

                                _______
                                

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

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1428]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (H.R. 1428) to authorize appropriations for the 
National Fish and Wildlife Foundation, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                    General Statement and Background

    The National Fish and Wildlife Foundation (Foundation) was 
created in 1984 by the National Fish and Wildlife Foundation 
Establishment Act (P. L. 98-244) as a charitable nonprofit 
corporation that is not an agency of the United States. The 
stated 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
          (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.
    The '84 Act also stipulated that the Foundation be governed 
by a Board of Directors consisting of nine U. S. citizens 
appointed by the Secretary of the Interior who would serve for 
a maximum of 12 years without pay, but would be eligible for 
travel and subsistence expenses. The Foundation is audited 
annually and is required to match, on a one-for-one basis, any 
money it receives from the Congress for the purpose of grant 
awards. The Foundation was initially authorized to receive up 
to $1 million a year for a 10-year period.
    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, 
making an average match ratio of three non-Federal dollars for 
each Federal dollar appropriated to the Foundation. 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.
    The fundamental goals of 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; 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 1988, Congress increased the authorization level for the 
Foundation to $5 million a year. (P. L. 100-240). In 1990, 
Congress again 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 (P. 
L. 101-593) prohibited the Foundation from using any Federal 
funds for its administrative expenses, including salaries, 
travel, transportation and other overhead expenses. In 1994, 
Congress passed the National Fish and Wildlife Improvement Act 
(P. L. 103-232), expanding the Foundation's Board of Directors 
from nine to 15 members; granting explicit new authority for 
the Foundation to work with the National Oceanic and 
Atmospheric Administration (NOAA) on marine conservation 
projects; and authorizing $25 million annually for five fiscal 
years until September 30, 1998.
    In 2000, 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; 
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, the 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 P. L. 107-141, the Asian Elephant Conservation 
Reauthorization Act of 2002, which restored the authorization 
to $25 million per year and extended the authorization period 
until September 30, 2005.
    Most recently, Congress approved the National Park System 
Laws Technical Amendments Act (P.L. 108-352) in 2003, which 
partially affected the Foundation. Incorporated within Section 
9 of that Act is language stipulating that employees of 
foundations established by Acts of Congress, including the 
National Fish and Wildlife Foundation, the National Forest 
Foundation and the National Park Foundation, are eligible for 
General Services Administration contract airfare rates.

                     Objectives of the Legislation

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

                      Section-by-Section Analysis


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.

                          Legislative History

    On June 28, 2005, H.R. 1428 was received in the Senate and 
referred to the Senate Committee on Environment and Public 
Works. On July 20, 2005, the full committee held a business 
meeting and unanimously ordered H.R. 1428 to be favorably 
reported without amendment to the full Senate.

                                Hearings

    No Senate committee hearings were held on H.R. 1428.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider H.R. 1428 on July 20, 2005. The committee approved 
H.R. 1428 by unanimous consent.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that H.R. 
1428 does not create any additional regulatory burdens, nor 
will it cause 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 H.R. 1428 would 
not impose Federal intergovernmental unfunded mandates on 
State, local, or tribal governments.

                          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:
                              ----------                              


H.R. 1428, National Fish and Wildlife Foundation Reauthorization Act of 
        2005, As ordered reported by the Senate Committee on 
        Environment and Public Works on July 20, 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 5 
years, assuming appropriation of the authorized amounts. 
Enacting the legislation 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.

Previous CBO Estimate

    On June 3, 2005, CBO transmitted a cost estimate for H.R. 
1428 as ordered reported by the House Committee on Resources on 
May 18, 2005. The two versions of the legislation are 
identical, and our cost estimates are the same.
    Estimate Prepared By: Federal Costs: Megan Carroll; Impact 
on State, Local, and Tribal Governments: Marjorie Miller; 
Impact on the Private Sector: Craig Cammarata.
    Estimate Approved By: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.
       Additional Views of Senators Chafee, Jeffords, and Warner

    Established in 1984, the National Fish and Wildlife 
Foundation (Foundation) is a congressional chartered private 
non-profit organization dedicated to the conservation of fish, 
wildlife, and plants, and the habitat on which they depend. By 
fostering partnerships to further conservation and the 
sustainable use of natural resources, the Foundation has 
awarded more than 6,400 grants leveraging $261 million in 
Federal funds for more than $786 million in on-the-ground 
conservation in every State in the Nation. This has resulted in 
27 million acres of protected, restored, and managed wildlife 
habitat, ushering in a new model for private land stewardship 
that has protected countless species and provided future 
benefits for generations of Americans.
    Section 5 of H.R. 1428 would sunset the Foundation 
effective September 30, 2015 by repealing provisions in the 
National Fish and Wildlife Foundation Establishment Act (P.L. 
98-244, as amended) authorizing annual appropriations for the 
Foundation. Originally intended to repeal the Foundation 
itself, Section 5 was added by the House Resources Committee 
prior to Committee approval and modified before final passage 
of H.R. 1428 by the House of Representatives. We are troubled 
by this provision, as it alters the practice of the Senate 
Committee on Environment and Public Works to reauthorize 
appropriations before their expiration. To date, it is our 
understanding that this Committee has had no opportunity in the 
past to consider, debate, or ultimately approve or deny 
legislation that included a sunset provision of this nature.
    By rescinding the `Authorization of Appropriations' in 
Section 10(a)(1) of the Foundation's Establishment Act, Section 
5 refers to an ongoing debate in the House of Representatives 
regarding authorizations versus appropriations. Rather than 
allowing funding authorizations to expire as has occurred with 
several environmental statutes, Section 5 proposes to rescind 
arbitrarily the authorization of appropriations at a date 
certain without regard to a balanced policy decision based on 
the merit of the program or its effectiveness. If we are to 
begin to sunset programs under the jurisdiction of this 
Committee, we believe this discussion must be part of a larger 
debate on the merits of sunsetting statutes on specific dates. 
In our opinion, the Committee's approval of the ``repeal'' 
language in H.R. 1428 sets a dangerous precedent for the 
potential to sunset other environmental statutes in the future. 
We will be working to remove Section 5 before Senate approval 
of H.R. 1428.
                        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

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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) $25,000,000 to the Department of the 
                Interior; and
                    (B) $5,000,000 to the Department of 
                Commerce.

           *       *       *       *       *       *       *

            (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 10(a)(1) of the National 
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3709(a)(1)) is hereby repealed.]

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.]

           *       *       *       *       *       *       *


                                  
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