[106th Congress Public Law 408]
[From the U.S. Government Printing Office]
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[DOCID: f:publ408.106]
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FISH AND WILDLIFE PROGRAMS IMPROVEMENT AND NATIONAL WILDLIFE REFUGE
SYSTEM CENTENNIAL ACT OF 2000
[[Page 114 STAT. 1762]]
Public Law 106-408
106th Congress
An Act
To amend the Pittman-Robertson Wildlife Restoration <<NOTE: Nov. 1,
2000 - [H.R. 3671]>> Act and the Dingell-Johnson Sport Fish Restoration
Act to enhance the funds available for grants to States for fish and
wildlife conservation projects, to reauthorize and amend the National
Fish and Wildlife Foundation Establishment Act, to commemorate the
centennial of the establishment of the first national wildlife refuge in
the United States on March 14, 1903, and for other purposes.
Be it enacted by the Senate and House of <<NOTE: Fish and Wildlife
Programs Improvement and National Wildlife Refuge System Centennial Act
of 2000.>> Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 16 USC 669 note.>> Act may be cited
as the ``Fish and Wildlife Programs Improvement and National Wildlife
Refuge System Centennial Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--WILDLIFE AND SPORT FISH RESTORATION PROGRAMS
Sec. 101. Short titles.
Subtitle A--Wildlife Restoration
Sec. 111. Expenses for administration.
Sec. 112. Firearm and bow hunter education and safety program grants.
Sec. 113. Multistate conservation grant program.
Sec. 114. Miscellaneous provision.
Subtitle B--Sport Fish Restoration
Sec. 121. Expenses for administration.
Sec. 122. Multistate conservation grant program.
Sec. 123. Funding of the Coastal Wetlands Planning, Protection and
Restoration Act.
Sec. 124. Period of availability.
Sec. 125. Miscellaneous provision.
Sec. 126. Conforming amendment.
Subtitle C--Wildlife and Sport Fish Restoration Programs
Sec. 131. Designation of programs.
Sec. 132. Assistant Director for Wildlife and Sport Fish Restoration
Programs.
Sec. 133. Reports and certifications.
TITLE II--NATIONAL FISH AND WILDLIFE FOUNDATION
Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Board of Directors of the Foundation.
Sec. 204. Rights and obligations of the Foundation.
Sec. 205. Annual reporting of grant details.
Sec. 206. Notice to Members of Congress.
Sec. 207. Authorization of appropriations.
Sec. 208. Limitation on authority.
TITLE III--NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL
Sec. 301. Short title.
[[Page 114 STAT. 1763]]
Sec. 302. Findings and purposes.
Sec. 303. National Wildlife Refuge System Centennial Commission.
Sec. 304. Long-term planning and annual reporting requirements regarding
the
operation and maintenance backlog.
Sec. 305. Year of the National Wildlife Refuge.
Sec. 306. Authorization of appropriations.
Sec. 307. Effective date.
TITLE I--WILDLIFE <<NOTE: Wildlife and Sport Fish Restoration Programs
Improvement Act of 2000.>> AND SPORT FISH RESTORATION PROGRAMS
SEC. 101. <<NOTE: 16 USC 669 note.>> SHORT TITLES.
(a) This Title.--This title may be cited as the ``Wildlife and Sport
Fish Restoration Programs Improvement Act of 2000''.
(b) Pittman-Robertson Wildlife Restoration Act.--The Act of
September 2, 1937 (16 U.S.C. 669 et seq.), is amended by adding at the
end the following:
``SEC. 13. <<NOTE: 16 USC 669 note.>> SHORT TITLE.
``This Act may be cited as the `Pittman-Robertson Wildlife
Restoration Act'.''.
(c) Dingell-Johnson Sport Fish Restoration Act.--The Act of August
9, 1950 (16 U.S.C. 777 et seq.), is amended by adding at the end the
following:
``SEC. 15. <<NOTE: 16 USC 777 note.>> SHORT TITLE.
``This Act may be cited as the `Dingell-Johnson Sport Fish
Restoration Act'.''.
Subtitle A--Wildlife Restoration
SEC. 111. EXPENSES FOR ADMINISTRATION.
(a) Set-Aside for Expenses for Administration of the Pittman-
Robertson Wildlife Restoration Act.--Section 4 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669c) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by striking ``Sec. 4.'' and all that follows through the
end of the first sentence of subsection (a) and inserting the
following:
``SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.
``(a) Set-Aside for Expenses for Administration of the Pittman-
Robertson Wildlife Restoration Act.--
``(1) In general.--
``(A) Set-aside.--For fiscal year 2001 and each
fiscal year thereafter, of the revenues (excluding
interest accruing under section 3(b)) covered into the
fund for the fiscal year, the Secretary of the Interior
may use not more than the available amount specified in
subparagraph (B) for the fiscal year for expenses for
administration incurred in implementation of this Act,
in accordance with this subsection and section 9.
``(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
``(i) for each of fiscal years 2001 and 2002,
$9,000,000;
[[Page 114 STAT. 1764]]
``(ii) for fiscal year 2003, $8,212,000; and
``(iii) for fiscal year 2004 and each fiscal
year thereafter, the sum of--
``(I) the available amount for the
preceding fiscal year; and
``(II) the amount determined by
multiplying--
``(aa) the available amount
for the preceding fiscal year;
and
``(bb) the change, relative
to the preceding fiscal year, in
the Consumer Price Index for All
Urban Consumers published by the
Department of Labor.
``(2) Period of availability; apportionment of unobligated
amounts.--
``(A) Period of availability.--For each fiscal year,
the available amount under paragraph (1) shall remain
available for obligation for use under that paragraph
until the end of the fiscal year.
``(B) Apportionment <<NOTE: Deadline.>> of
unobligated amounts.--Not later than 60 days after the
end of a fiscal year, the Secretary of the Interior
shall apportion among the States any of the available
amount under paragraph (1) that remains unobligated at
the end of the fiscal year, on the same basis and in the
same manner as other amounts made available under this
Act are apportioned among the States for the fiscal
year.
``(b) Apportionment to States.--'';
(3) in subsection (b) (as designated by paragraph (2)), by
striking ``after making the aforesaid deduction, shall
apportion, except as provided in subsection (b) of this
section,'' and inserting ``after deducting the available amount
under subsection (a), the amount apportioned under subsection
(c), any amount apportioned under section 8A, and amounts
provided as grants under sections 10 and 11, shall apportion'';
and
(4) in the first sentence of subsection (c) (as redesignated
by paragraph (1)), by inserting ``Puerto Rico,'' after
``American Samoa,''.
(b) Requirements and Restrictions Concerning Use of Amounts for
Expenses for Administration.--Section 9 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669h) is amended to read as follows:
``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR
EXPENSES FOR ADMINISTRATION.
``(a) Authorized Expenses for Administration.--Except as provided in
subsection (b), the Secretary of the Interior may use available amounts
under section 4(a)(1) only for expenses for administration that directly
support the implementation of this Act that consist of--
``(1) personnel costs of employees who directly administer
this Act on a full-time basis;
``(2) personnel costs of employees who directly administer
this Act on a part-time basis for at least 20 hours each week,
not to exceed the portion of those costs incurred with respect
to the work hours of the employee during which the employee
directly administers this Act, as those hours are certified by
the supervisor of the employee;
[[Page 114 STAT. 1765]]
``(3) support costs directly associated with personnel costs
authorized under paragraphs (1) and (2), excluding costs
associated with staffing and operation of regional offices of
the United States Fish and Wildlife Service and the Department
of the Interior other than for the purposes of this Act;
``(4) costs of determining under section 6(a) whether State
comprehensive plans and projects are substantial in character
and design;
``(5) overhead costs, including the costs of general
administrative services, that are directly attributable to
administration of this Act and are based on--
``(A) actual costs, as determined by a direct cost
allocation methodology approved by the Director of the
Office of Management and Budget for use by Federal
agencies; and
``(B) in the case of costs that are not determinable
under subparagraph (A), an amount per full-time
equivalent employee authorized under paragraphs (1) and
(2) that does not exceed the amount charged or assessed
for costs per full-time equivalent employee for any
other division or program of the United States Fish and
Wildlife Service;
``(6) costs incurred in auditing, every 5 years, the
wildlife and sport fish activities of each State fish and game
department and the use of funds under section 6 by each State
fish and game department;
``(7) costs of audits under subsection (d);
``(8) costs of necessary training of Federal and State full-
time personnel who administer this Act to improve administration
of this Act;
``(9) costs of travel to States, territories, and Canada by
personnel who--
``(A) administer this Act on a full-time basis for
purposes directly related to administration of State
programs or projects; or
``(B) administer grants under section 6, 10, or 11;
``(10) costs of travel outside the United States (except
travel to Canada), by personnel who administer this Act on a
full-time basis, for purposes that directly relate to
administration of this Act and that are approved directly by the
Assistant Secretary for Fish and Wildlife and Parks;
``(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time basis for at
least 1 year, as certified by the Director of the United States
Fish and Wildlife Service at the time at which the relocation
expenses are incurred; and
``(12) costs to audit, evaluate, approve, disapprove, and
advise concerning grants under sections 6, 10, and 11.
``(b) Reporting of Other Uses.--
``(1) In general.--Subject to paragraph (2), if the
Secretary of the Interior determines that available amounts
under section 4(a)(1) should be used for an expense for
administration other than an expense for administration
described in subsection (a), the Secretary--
``(A) shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Resources of the House of Representatives a report
[[Page 114 STAT. 1766]]
describing the expense for administration and stating
the amount of the expense; and
``(B) may use any such available amounts for the
expense for administration only after the end of the 30-
day period beginning on the date of submission of the
report under subparagraph (A).
``(2) Maximum amount.--For any fiscal year, the Secretary of
the Interior may use under paragraph (1) not more than $25,000.
``(c) Restriction on Use To Supplement General Appropriations.--The
Secretary of the Interior shall not use available amounts under
subsection (b) to supplement the funding of any function for which
general appropriations are made for the United States Fish and Wildlife
Service or any other entity of the Department of the Interior.
``(d) Audit Requirement.--
``(1) In general.--The Inspector General of the Department
of the Interior shall procure the performance of biennial
audits, in accordance with generally accepted accounting
principles, of expenditures and obligations of amounts used by
the Secretary of the Interior for expenses for administration
incurred in implementation of this Act.
``(2) Auditor.--
``(A) In general.--An audit under this subsection
shall be performed under a contract that is awarded
under competitive procedures (as defined in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C.
403)) by a person or entity that is not associated in
any way with the Department of the Interior (except by
way of a contract for the performance of an audit or
other review).
``(B) Supervision of auditor.--The auditor selected
under subparagraph (A) shall report to, and be
supervised by, the Inspector General of the Department
of the Interior, except that the auditor shall submit a
copy of the biennial audit findings to the Secretary of
the Interior at the time at which the findings are
submitted to the Inspector General of the Department of
the Interior.
``(3) Report to congress.--The Inspector General of the
Department of the Interior shall promptly submit to the
Committee on Resources of the House of Representatives and the
Committee on Environment and Public Works of the Senate--
``(A) a report on the results of each audit under
this subsection; and
``(B) a copy of each audit under this subsection.''.
(c) Conforming Amendment.--Section 8(b) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended in the first
sentence by striking ``section 4(b) of this Act'' and inserting
``section 4(c)''.
SEC. 112. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.
The Pittman-Robertson Wildlife Restoration Act is amended--
(1) by redesignating section 10 (16 U.S.C. 669i) as section
12; and
(2) by inserting after section 9 (16 U.S.C. 669h) the
following:
[[Page 114 STAT. 1767]]
``SEC. 10. <<NOTE: 16 USC 669h-1.>> FIREARM AND BOW HUNTER EDUCATION AND
SAFETY PROGRAM GRANTS.
``(a) In General.--
``(1) Grants.--Of the revenues covered into the fund,
$7,500,000 for each of fiscal years 2001 and 2002, and
$8,000,000 for fiscal year 2003 and each fiscal year thereafter,
shall be apportioned among the States in the manner specified in
section 4(c) by the Secretary of the Interior and used to make
grants to the States to be used for--
``(A) in the case of a State that has not used all
of the funds apportioned to the State under section 4(c)
for the fiscal year in the manner described in section
8(b)--
``(i) the enhancement of hunter education
programs, hunter and sporting firearm safety
programs, and hunter development programs;
``(ii) the enhancement of interstate
coordination and development of hunter education
and shooting range programs;
``(iii) the enhancement of bow hunter and
archery education, safety, and development
programs; and
``(iv) the enhancement of construction or
development of firearm shooting ranges and archery
ranges, and the updating of safety features of
firearm shooting ranges and archery ranges; and
``(B) in the case of a State that has used all of
the funds apportioned to the State under section 4(c)
for the fiscal year in the manner described in section
8(b), any use authorized by this Act (including hunter
safety programs and the construction, operation, and
maintenance of public target ranges).
``(2) Limitation on use.--Under paragraph (1), a State shall
not be required to use more than the amount described in section
8(b) for hunter safety programs and the construction, operation,
and maintenance of public target ranges.
``(b) Cost Sharing.--The Federal share of the cost of any activity
carried out with a grant under this section shall not exceed 75 percent
of the total cost of the activity.
``(c) Period of Availability; Reapportionment.--
``(1) Period of availability.--Amounts made available and
apportioned for grants under this section shall remain available
only for the fiscal year for which the amounts are apportioned.
``(2) Reapportionment.--At the end of the period of
availability under paragraph (1), the Secretary of the Interior
shall apportion amounts made available that have not been used
to make grants under this section among the States described in
subsection (a)(1)(B) for use by those States in accordance with
this Act.''.
SEC. 113. MULTISTATE CONSERVATION GRANT PROGRAM.
The Pittman-Robertson Wildlife Restoration Act (as amended by
section 112) is amended by inserting after section 10 the following:
``SEC. 11. <<NOTE: 16 USC 669h-2.>> MULTISTATE CONSERVATION GRANT
PROGRAM.
``(a) In General.--
``(1) Amount for grants.--Not more than $3,000,000 of the
revenues covered into the fund for a fiscal year shall be
[[Page 114 STAT. 1768]]
available to the Secretary of the Interior for making multistate
conservation project grants in accordance with this section.
``(2) Period of availability; apportionment.--
``(A) Period of availability.--Amounts made
available under paragraph (1) shall remain available for
making grants only for the first fiscal year for which
the amount is made available and the following fiscal
year.
``(B) Apportionment.--At the end of the period of
availability under subparagraph (A), the Secretary of
the Interior shall apportion any amounts that remain
available among the States in the manner specified in
section 4(b) for use by the States in the same manner as
funds apportioned under section 4(b).
``(b) Selection of Projects.--
``(1) States or entities to be benefited.--A project shall
not be eligible for a grant under this section unless the
project will benefit--
``(A) at least 26 States;
``(B) a majority of the States in a region of the
United States Fish and Wildlife Service; or
``(C) a regional association of State fish and game
departments.
``(2) Use of submitted priority list of projects.--The
Secretary of the Interior may make grants under this section
only for projects identified on a priority list of wildlife
restoration projects described in paragraph (3).
``(3) Priority list of projects.--A priority list referred
to in paragraph (2) is a priority list of wildlife restoration
projects that the International Association of Fish and Wildlife
Agencies--
``(A) prepares through a committee comprised of the
heads of State fish and game departments (or their
designees), in consultation with--
``(i) nongovernmental organizations that
represent conservation organizations;
``(ii) sportsmen organizations; and
``(iii) industries that support or promote
hunting, trapping, recreational shooting, bow
hunting, or archery;
``(B) approves by vote of a majority of the heads of
State fish and game departments (or their designees);
and
``(C) not later than October 1 of each fiscal year,
submits to the Assistant Director for Wildlife and Sport
Fish Restoration Programs.
``(4) Publication.--The Assistant <<NOTE: Federal Register,
publication.>> Director for Wildlife and Sport Fish Restoration
Programs shall publish in the Federal Register each priority
list submitted under paragraph (3)(C).
``(c) Eligible Grantees.--
``(1) In general.--The Secretary of the Interior may make a
grant under this section only to--
``(A) a State or group of States;
``(B) the United States Fish and Wildlife Service,
or a State or group of States, for the purpose of
carrying out the National Survey of Fishing, Hunting,
and Wildlife-Associated Recreation; and
``(C) subject to paragraph (2), a nongovernmental
organization.
[[Page 114 STAT. 1769]]
``(2) Nongovernmental organizations.--
``(A) In general.--Any nongovernmental organization
that applies for a grant under this section shall submit
with the application to the International Association of
Fish and Wildlife Agencies a certification that the
organization--
``(i) will not use the grant funds to fund, in
whole or in part, any activity of the organization
that promotes or encourages opposition to the
regulated hunting or trapping of wildlife; and
``(ii) will use the grant funds in compliance
with subsection (d).
``(B) Penalties for certain activities.--Any
nongovernmental organization that is found to use grant
funds in violation of subparagraph (A) shall return all
funds received under this section and be subject to any
other applicable penalties under law.
``(d) Use of Grants.--A grant under this section shall not be used,
in whole or in part, for an activity, project, or program that promotes
or encourages opposition to the regulated hunting or trapping of
wildlife.
``(e) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any
activity carried out under this section.''.
SEC. 114. MISCELLANEOUS PROVISION.
Section 5 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669d) is amended in the first sentence--
(1) by inserting ``, at the time at which a deduction or
apportionment is made,'' after ``certify''; and
(2) by striking ``and executing''.
Subtitle B--Sport Fish Restoration
SEC. 121. EXPENSES FOR ADMINISTRATION.
(a) Set-Aside for Expenses for Administration of the Dingell-Johnson
Sport Fish Restoration Act.--Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended by striking subsection (d)
and inserting the following:
``(d) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
``(1) In general.--
``(A) Set-aside.--For fiscal year 2001 and each
fiscal year thereafter, of the balance of each such
annual appropriation remaining after the distribution
and use under subsections (a), (b), and (c) and section
14, the Secretary of the Interior may use not more than
the available amount specified in subparagraph (B) for
the fiscal year for expenses for administration incurred
in implementation of this Act, in accordance with this
subsection and section 9.
``(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
``(i) for each of fiscal years 2001 and 2002,
$9,000,000;
``(ii) for fiscal year 2003, $8,212,000; and
[[Page 114 STAT. 1770]]
``(iii) for fiscal year 2004 and each fiscal
year thereafter, the sum of--
``(I) the available amount for the
preceding fiscal year; and
``(II) the amount determined by
multiplying--
``(aa) the available amount
for the preceding fiscal year;
and
``(bb) the change, relative
to the preceding fiscal year, in
the Consumer Price Index for All
Urban Consumers published by the
Department of Labor.
``(2) Period of availability; apportionment of unobligated
amounts.--
``(A) Period of availability.--For each fiscal year,
the available amount under paragraph (1) shall remain
available for obligation for use under that paragraph
until the end of the fiscal year.
``(B) Apportionment
of <<NOTE: Deadline.>> unobligated amounts.--Not later
than 60 days after the end of a fiscal year, the
Secretary of the Interior shall apportion among the
States any of the available amount under paragraph (1)
that remains unobligated at the end of the fiscal year,
on the same basis and in the same manner as other
amounts made available under this Act are apportioned
among the States under subsection (e) for the fiscal
year.''.
(b) Requirements and Restrictions Concerning Use of Amounts for
Expenses for Administration.--Section 9 of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777h) is amended to read as follows:
``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR
EXPENSES FOR ADMINISTRATION.
``(a) Authorized Expenses for Administration.--Except as provided in
subsection (b), the Secretary of the Interior may use available amounts
under section 4(d)(1) only for expenses for administration that directly
support the implementation of this Act that consist of--
``(1) personnel costs of employees who directly administer
this Act on a full-time basis;
``(2) personnel costs of employees who directly administer
this Act on a part-time basis for at least 20 hours each week,
not to exceed the portion of those costs incurred with respect
to the work hours of the employee during which the employee
directly administers this Act, as those hours are certified by
the supervisor of the employee;
``(3) support costs directly associated with personnel costs
authorized under paragraphs (1) and (2), excluding costs
associated with staffing and operation of regional offices of
the United States Fish and Wildlife Service and the Department
of the Interior other than for the purposes of this Act;
``(4) costs of determining under section 6(a) whether State
comprehensive plans and projects are substantial in character
and design;
``(5) overhead costs, including the costs of general
administrative services, that are directly attributable to
administration of this Act and are based on--
[[Page 114 STAT. 1771]]
``(A) actual costs, as determined by a direct cost
allocation methodology approved by the Director of the
Office of Management and Budget for use by Federal
agencies; and
``(B) in the case of costs that are not determinable
under subparagraph (A), an amount per full-time
equivalent employee authorized under paragraphs (1) and
(2) that does not exceed the amount charged or assessed
for costs per full-time equivalent employee for any
other division or program of the United States Fish and
Wildlife Service;
``(6) costs incurred in auditing, every 5 years, the
wildlife and sport fish activities of each State fish and game
department and the use of funds under section 6 by each State
fish and game department;
``(7) costs of audits under subsection (d);
``(8) costs of necessary training of Federal and State full-
time personnel who administer this Act to improve administration
of this Act;
``(9) costs of travel to States, territories, and Canada by
personnel who--
``(A) administer this Act on a full-time basis for
purposes directly related to administration of State
programs or projects; or
``(B) administer grants under section 6 or 14;
``(10) costs of travel outside the United States (except
travel to Canada), by personnel who administer this Act on a
full-time basis, for purposes that directly relate to
administration of this Act and that are approved directly by the
Assistant Secretary for Fish and Wildlife and Parks;
``(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time basis for at
least 1 year, as certified by the Director of the United States
Fish and Wildlife Service at the time at which the relocation
expenses are incurred; and
``(12) costs to audit, evaluate, approve, disapprove, and
advise concerning grants under sections 6 and 14.
``(b) Reporting of Other Uses.--
``(1) In general.--Subject to paragraph (2), if the
Secretary of the Interior determines that available amounts
under section 4(d)(1) should be used for an expense for
administration other than an expense for administration
described in subsection (a), the Secretary--
``(A) shall <<NOTE: Reports.>> submit to the
Committee on Environment and Public Works of the Senate
and the Committee on Resources of the House of
Representatives a report describing the expense for
administration and stating the amount of the expense;
and
``(B) may use any such available amounts for the
expense for administration only after the end of the 30-
day period beginning on the date of submission of the
report under subparagraph (A).
``(2) Maximum amount.--For any fiscal year, the Secretary of
the Interior may use under paragraph (1) not more than $25,000.
``(c) Restriction on Use To Supplement General Appropriations.--The
Secretary of the Interior shall not use available
[[Page 114 STAT. 1772]]
amounts under subsection (b) to supplement the funding of any function
for which general appropriations are made for the United States Fish and
Wildlife Service or any other entity of the Department of the Interior.
``(d) Audit Requirement.--
``(1) In general.--The Inspector General of the Department
of the Interior shall procure the performance of biennial
audits, in accordance with generally accepted accounting
principles, of expenditures and obligations of amounts used by
the Secretary of the Interior for expenses for administration
incurred in implementation of this Act.
``(2) Auditor.--
``(A) In general.--An audit under this subsection
shall be performed under a contract that is awarded
under competitive procedures (as defined in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C.
403)) by a person or entity that is not associated in
any way with the Department of the Interior (except by
way of a contract for the performance of an audit or
other review).
``(B) Supervision of auditor.--The auditor selected
under subparagraph (A) shall report to, and be
supervised by, the Inspector General of the Department
of the Interior, except that the auditor shall submit a
copy of the biennial audit findings to the Secretary of
the Interior at the time at which the findings are
submitted to the Inspector General of the Department of
the Interior.
``(3) Report to congress.--The Inspector General of the
Department of the Interior shall promptly submit to the
Committee on Resources of the House of Representatives and the
Committee on Environment and Public Works of the Senate--
``(A) a report on the results of each audit under
this subsection; and
``(B) a copy of each audit under this subsection.''.
(c) Expenses for Administration of Certain Programs.--Section 4 of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is
amended by adding at the end the following:
``(g) Expenses for Administration of Certain Programs.--
``(1) In general.--For each fiscal year, of the amounts
appropriated under section 3, the Secretary of the Interior
shall use only funds authorized for use under subsections (a),
(b)(3)(A), (b)(3)(B), and (c) to pay the expenses for
administration incurred in carrying out the provisions of law
referred to in those subsections, respectively.
``(2) Maximum amount.--For each fiscal year, the Secretary
of the Interior may use not more than $900,000 in accordance
with paragraph (1).''.
SEC. 122. MULTISTATE CONSERVATION GRANT PROGRAM.
(a) Establishment of Program.--The Dingell-Johnson Sport Fish
Restoration Act is amended--
(1) by striking the section 13 relating to effective date
(16 U.S.C. 777 note) and inserting the following:
``SEC. 14. <<NOTE: 16 USC 777m.>> MULTISTATE CONSERVATION GRANT PROGRAM.
``(a) In General.--
``(1) Amount for grants.--Of the balance of each annual
appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of
section
[[Page 114 STAT. 1773]]
4 in a fiscal year, not more than $3,000,000 shall be available
to the Secretary of the Interior for making multistate
conservation project grants in accordance with this section.
``(2) Period of availability; apportionment.--
``(A) Period of availability.--Amounts made
available under paragraph (1) shall remain available for
making grants only for the first fiscal year for which
the amount is made available and the following fiscal
year.
``(B) Apportionment.--At the end of the period of
availability under subparagraph (A), the Secretary of
the Interior shall apportion any amounts that remain
available among the States in the manner specified in
section 4(e) for use by the States in the same manner as
funds apportioned under section 4(e).
``(b) Selection of Projects.--
``(1) States or entities to be benefited.--A project shall
not be eligible for a grant under this section unless the
project will benefit--
``(A) at least 26 States;
``(B) a majority of the States in a region of the
United States Fish and Wildlife Service; or
``(C) a regional association of State fish and game
departments.
``(2) Use of submitted priority list of projects.--The
Secretary of the Interior may make grants under this section
only for projects identified on a priority list of sport fish
restoration projects described in paragraph (3).
``(3) Priority list of projects.--A priority list referred
to in paragraph (2) is a priority list of sport fish restoration
projects that the International Association of Fish and Wildlife
Agencies--
``(A) prepares through a committee comprised of the
heads of State fish and game departments (or their
designees), in consultation with--
``(i) nongovernmental organizations that
represent conservation organizations;
``(ii) sportsmen organizations; and
``(iii) industries that fund the sport fish
restoration programs under this Act;
``(B) approves by vote of a majority of the heads of
State fish and game departments (or their designees);
and
``(C) not later than October 1 of each fiscal year,
submits to the Assistant Director for Wildlife and Sport
Fish Restoration Programs.
``(4) Publication.--The Assistant <<NOTE: Federal Register,
publication.>> Director for Wildlife and Sport Fish Restoration
Programs shall publish in the Federal Register each priority
list submitted under paragraph (3)(C).
``(c) Eligible Grantees.--
``(1) In general.--The Secretary of the Interior may make a
grant under this section only to--
``(A) a State or group of States;
``(B) the United States Fish and Wildlife Service,
or a State or group of States, for the purpose of
carrying out the National Survey of Fishing, Hunting,
and Wildlife-Associated Recreation; and
``(C) subject to paragraph (2), a nongovernmental
organization.
[[Page 114 STAT. 1774]]
``(2) Nongovernmental organizations.--
``(A) In general.--Any nongovernmental organization
that applies for a grant under this section shall submit
with the application to the International Association of
Fish and Wildlife Agencies a certification that the
organization--
``(i) will not use the grant funds to fund, in
whole or in part, any activity of the organization
that promotes or encourages opposition to the
regulated taking of fish; and
``(ii) will use the grant funds in compliance
with subsection (d).
``(B) Penalties for certain activities.--Any
nongovernmental organization that is found to use grant
funds in violation of subparagraph (A) shall return all
funds received under this section and be subject to any
other applicable penalties under law.
``(d) Use of Grants.--A grant under this section shall not be used,
in whole or in part, for an activity, project, or program that promotes
or encourages opposition to the regulated taking of fish.
``(e) Funding for Other Activities.--Of the balance of each annual
appropriation made under section 3 remaining after the distribution and
use under subsections (a), (b), and (c) of section 4 for each fiscal
year and after deducting amounts used for grants under subsection (a)--
``(1) $200,000 shall be made available for each of--
``(A) the Atlantic States Marine Fisheries
Commission;
``(B) the Gulf States Marine Fisheries Commission;
``(C) the Pacific States Marine Fisheries
Commission; and
``(D) the Great Lakes Fisheries Commission; and
``(2) $400,000 shall be made available for the Sport Fishing
and Boating Partnership Council established by the United States
Fish and Wildlife Service.
``(f ) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any
activity carried out under this section.''; and
(2) by moving that section to appear after the section 13
relating to State use of contributions (16 U.S.C. 777l).
(b) Conforming Amendment.--Section 4(e) of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777c(e)) is amended in the first
sentence by inserting ``and after deducting amounts used for grants
under section 14,'' after ``respectively,''.
SEC. 123. FUNDING OF THE COASTAL WETLANDS PLANNING, PROTECTION AND
RESTORATION ACT.
Section 4(a) of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c(a)) is amended in the second sentence by striking ``2000''
and inserting ``2009''.
SEC. 124. PERIOD OF AVAILABILITY.
Section 4(f ) of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c(f )) is amended in the first sentence by striking ``, and if
'' and all that follows through ``recreation''.
[[Page 114 STAT. 1775]]
SEC. 125. MISCELLANEOUS PROVISION.
Section 5 of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777d) is amended--
(1) by inserting ``, at the time at which a deduction or
apportionment is made,'' after ``certify''; and
(2) by striking ``and executing''.
SEC. 126. CONFORMING AMENDMENT.
Section <<NOTE: 26 USC 9504.>> 9504(b)(2)(A) of the Internal Revenue
Code of 1986 is amended by striking ``(as in effect on the date of the
enactment of the TEA 21 Restoration Act)'' and inserting ``(as in effect
on the date of the enactment of the Wildlife and Sport Fish Restoration
Programs Improvement Act of 2000)''.
Subtitle C--Wildlife and Sport Fish Restoration Programs
SEC. 131. <<NOTE: 16 USC 669 note.>> DESIGNATION OF PROGRAMS.
The programs established under the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777 et seq.) shall be known as the
``Federal Assistance Program for State Wildlife and Sport Fish
Restoration''.
SEC. 132. <<NOTE: 16 USC 742b-1.>> ASSISTANT DIRECTOR FOR WILDLIFE AND
SPORT FISH RESTORATION PROGRAMS.
(a) Establishment.--There is established in the United States Fish
and Wildlife Service of the Department of the Interior the position of
Assistant Director for Wildlife and Sport Fish Restoration Programs.
(b) Superior.--The Assistant Director for Wildlife and Sport Fish
Restoration Programs shall report directly to the Director of the United
States Fish and Wildlife Service.
(c) Responsibilities.--The Assistant Director for Wildlife and Sport
Fish Restoration Programs shall be responsible for the administration,
management, and oversight of the Federal Assistance Program for State
Wildlife and Sport Fish Restoration under the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777 et seq.).
SEC. 133. <<NOTE: 16 USC 669k.>> REPORTS AND CERTIFICATIONS.
(a) Implementation Report.--
(1) In general.--At the time at which the President submits
to Congress a budget request for the Department of the Interior
for fiscal year 2002, the Secretary of the Interior shall submit
to the Committee on Resources of the House of Representatives
and the Committee on Environment and Public Works of the Senate
a report on the steps that have been taken to comply with this
title and the amendments made by this title.
(2) Contents.--The report under paragraph (1) shall
describe--
(A) the extent to which compliance with this title
and the amendments made by this title has required a
reduction in the number of personnel assigned to
administer, manage,
[[Page 114 STAT. 1776]]
and oversee the Federal Assistance Program for State
Wildlife and Sport Fish Restoration;
(B) any revisions to this title or the amendments
made by this title that would be desirable in order for
the Secretary of the Interior to adequately administer
the Program and ensure that funds provided to State
agencies are properly used; and
(C) any other information concerning the
implementation of this title and the amendments made by
this title that the Secretary of the Interior considers
appropriate.
(b) Projected Spending Report.--At the time at which the President
submits a budget request for the Department of the Interior for fiscal
year 2002 and each fiscal year thereafter, the Secretary of the Interior
shall report in writing to the Committee on Resources of the House of
Representatives and the Committee on Environment and Public Works of the
Senate the amounts, broken down by category, that are intended to be
used for the fiscal year under section 4(a)(1) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669c(a)(1)) and section 4(d)(1) of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(d)(1)).
(c) Spending Certification and Report.--
Not <<NOTE: Deadline.>> later than 60 days after the end of each fiscal
year, the Secretary of the Interior shall certify and report in writing
to the Committee on Resources of the House of Representatives and the
Committee on Environment and Public Works of the Senate--
(1) the amounts, broken down by category, that were used for
the fiscal year under section 4(a)(1) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669c(a)(1)) and section
4(d)(1) of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c(d)(1));
(2) the amounts apportioned to States for the fiscal year
under section 4(a)(2) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669c(a)(2)) and section 4(d)(2)(A) of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(d)(2)(A));
(3) the results of the audits performed under section 9(d)
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669h(d) and section 9(d) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777h(d));
(4) that all amounts used for the fiscal year under section
4(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669c(a)(1)) and section 4(d)(1) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777c(d)(1)) were necessary
for expenses for administration incurred in implementation of
those Acts;
(5) that all amounts used for the fiscal year to administer
those Acts by agency headquarters and by regional offices of the
United States Fish and Wildlife Service were used in accordance
with those Acts; and
(6) that the Secretary of the Interior, the Assistant
Secretary for Fish and Wildlife and Parks, the Director of the
United States Fish and Wildlife Service, and the Assistant
Director for Wildlife and Sport Fish Restoration Programs each
properly discharged their duties under those Acts.
(d) Certifications by States.--
[[Page 114 STAT. 1777]]
(1) In general.--Not later than <<NOTE: Deadline.>> 60 days
after the end of each fiscal year, each State that received
amounts apportioned under the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.) or the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777 et seq.) for the
fiscal year shall certify to the Secretary of the Interior in
writing that the amounts were expended by the State in
accordance with each of those Acts.
(2) Transmission to congress.--Not <<NOTE: Deadline.>> later
than December 31 of a fiscal year, the Secretary of the Interior
shall transmit all certifications under paragraph (1) for the
previous fiscal year to the Committee on Resources of the House
of Representatives and the Committee on Environment and Public
Works of the Senate.
(e) Limitation on Delegation.--The Secretary of the Interior shall
not delegate the responsibility for making a certification under
subsection (c) to any person except the Assistant Secretary for Fish and
Wildlife and Parks.
TITLE II--NATIONAL <<NOTE: National Fish and Wildlife Foundation
Establishment Act Amendments of 2000.>> FISH AND WILDLIFE FOUNDATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Fish and Wildlife
Foundation Establishment Act Amendments of 2000''.
SEC. 202. PURPOSES.
Section 2(b) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph
(1) and inserting the following:
``(1) to encourage, accept, and administer private gifts of
property for the benefit of, or in connection with, the
activities and services of the United States Fish and Wildlife
Service and the National Oceanic and Atmospheric Administration,
to further the conservation and management of fish, wildlife,
plants, and other natural resources;''.
SEC. 203. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--Section 3 of the National Fish
and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by
striking subsection (a) and inserting the following:
``(a) Establishment and Membership.--
``(1) In general.--The Foundation shall have a governing
Board of Directors (referred to in this Act as the `Board'),
which shall consist of 25 Directors appointed in accordance with
subsection (b), each of whom shall be a United States citizen.
``(2) Representation of diverse points of view.--To the
maximum extent practicable, the membership of the Board shall
represent diverse points of view relating to conservation and
management of fish, wildlife, plants, and other natural
resources.
``(3) Not federal employees.--Appointment as a Director of
the Foundation shall not constitute employment by, or the
[[Page 114 STAT. 1778]]
holding of an office of, the United States for the purpose of
any Federal law.''.
(b) Appointment and Terms.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by
striking subsection (b) and inserting the following:
``(b) Appointment and Terms.--
``(1) Agency heads.--The Director of the United States Fish
and Wildlife Service and the Under Secretary of Commerce for
Oceans and Atmosphere shall be Directors of the Foundation.
``(2) Appointments by the secretary of the interior.--
``(A) In general.--Subject to subparagraph (B),
after consulting with the Secretary of Commerce and
considering the recommendations submitted by the Board,
the Secretary of the Interior shall appoint 23 Directors
who meet the criteria established by subsection (a), of
whom--
``(i) at least 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.
[[Page 114 STAT. 1779]]
``(6) Request for removal.--The executive committee of the
Board may submit to the Secretary of the Interior a letter
describing the nonperformance of a Director and requesting the
removal of the Director from the Board.
``(7) Consultation before removal.--Before removing any
Director from the Board, the Secretary of the Interior shall
consult with the Secretary of Commerce.''.
(c) Technical Amendments.--
(1) Section 4(c)(5) of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended
by striking ``Directors of the Board'' and inserting ``Directors
of the Foundation''.
(2) Section 6 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3705) is amended--
(A) by striking ``Secretary'' and inserting
``Secretary of the Interior or the Secretary of
Commerce''; and
(B) by inserting ``or the Department of Commerce''
after ``Department of the Interior''.
SEC. 204. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) Principal Office of the Foundation.--Section 4(a)(3) of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703(a)(3)) is amended by inserting after ``the District of Columbia''
the following: ``or in a county in the State of Maryland or Virginia
that borders on the District of Columbia''.
(b) Investment and Deposit of Federal Funds.--Section 4(c) of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703(c)) is amended--
(1) by redesignating paragraphs (3) through (7) as
paragraphs (7) through (11), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) to invest any funds provided to the Foundation by the
Federal Government in obligations of the United States or in
obligations or securities that are guaranteed or insured by the
United States;
``(4) to deposit any funds provided to the Foundation by the
Federal Government into accounts that are insured by an agency
or instrumentality of the United States;
``(5) to make use of any interest or investment income that
accrues as a consequence of actions taken under paragraph (3) or
(4) to carry out the purposes of the Foundation;
``(6) to use Federal funds to make payments under
cooperative agreements entered into with willing private
landowners to provide substantial long-term benefits for the
restoration or enhancement of fish, wildlife, plants, and other
natural resources on private land;''.
(c) Agency Approval of Acquisitions of Property.--Section 4(e)(1) of
the National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703(e)(1)) is amended by striking subparagraph (B) and inserting the
following:
``(B) the Foundation notifies the Federal agency that
administers the program under which the funds were provided of
the proposed acquisition, and the agency does not object in
writing to the proposed acquisition within 60 calendar days
after the date of the notification.''.
(d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703 note)
is repealed.
[[Page 114 STAT. 1780]]
(e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting
the following:
``(ii) the <<NOTE: Deadline.>> Foundation notifies the
Federal agency that administers the Federal program under which
the funds were provided of the proposed conveyance or provision
of Federal funds, and the agency does not object in writing to
the proposed conveyance or provision of Federal funds within 60
calendar days after the date of the notification.''.
(f ) Reconveyance of Real Property.--Section 4(e) of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is
amended by striking paragraph (5) and inserting the following:
``(5) Reconveyance of real property.--
The <<NOTE: Deadline.>> Foundation shall convey at not less than
fair market value any real property acquired by the Foundation
in whole or in part with Federal funds if the Foundation
notifies the Federal agency that administers the Federal program
under which the funds were provided, and the agency does not
disagree within 60 calendar days after the date of the
notification, that--
``(A) the property is no longer valuable for the
purpose of conservation or management of fish, wildlife,
plants, and other natural resources; and
``(B) the purposes of the Foundation would be better
served by use of the proceeds of the conveyance for
other authorized activities of the Foundation.''.
(g) Expenditures for Printing Services or Capital Equipment.--
Section 4 of the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3703) is amended by adding at the end the following:
``(h) Expenditures for Printing Services or Capital Equipment.--The
Foundation shall not make any expenditure of Federal funds in connection
with any 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.''.
SEC. 205. ANNUAL REPORTING OF GRANT DETAILS.
Section 7(b) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3706(b)) is amended--
(1) by striking ``Congress'' and inserting ``the Committee
on Resources of the House of Representatives and the Committee
on Environment and Public Works of the Senate''; and
(2) by adding at the end the following: ``The report shall
include a detailed statement of the recipient, amount, and
purpose of each grant made by the Foundation in the fiscal
year.''.
SEC. 206. NOTICE TO MEMBERS OF CONGRESS.
Section 4 of the National Fish and Wildlife Foundation Establishment
Act (16 U.S.C. 3703) (as amended by section 204(g)) is amended by adding
at the end the following:
``(i) Notice to Members of Congress.--The Foundation shall not make
a grant of funds unless, by not later than 30 days before the grant is
made, the Foundation provides notice of the grant to the Member of
Congress for the congressional district
[[Page 114 STAT. 1781]]
in which the project to be funded with the grant will be carried out.''.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709) is amended by striking subsections
(a), (b), and (c) and inserting the following:
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 2001 through
2003--
``(A) $20,000,000 to the Department of the Interior;
and
``(B) $5,000,000 to the Department of Commerce.
``(2) Requirement of advance payment.--The amount made
available for a fiscal year under paragraph (1) shall be
provided to the Foundation in an advance payment of the entire
amount on October 1, or as soon as practicable thereafter, of
the fiscal year.
``(3) Use of appropriated funds.--Subject to paragraph (4),
amounts made available under paragraph (1) shall be provided to
the Foundation for use for matching, on a 1-to-1 basis,
contributions (whether in currency, services, or property) made
to the Foundation by private persons and State and local
government agencies.
``(4) Prohibition on use for administrative expenses.--No
Federal funds made available under paragraph (1) shall be used
by the Foundation for administrative expenses of the Foundation,
including for salaries, travel and transportation expenses, and
other overhead expenses.
``(b) Additional Authorization.--
``(1) In general.--In addition to the amounts authorized to
be appropriated under subsection (a), the Foundation may accept
Federal funds from a Federal agency under any other Federal law
for use by the Foundation to further the conservation and
management of fish, wildlife, plants, and other natural
resources in accordance with the requirements of this Act.
``(2) Use of funds accepted from federal agencies.--Federal
funds provided to the Foundation under paragraph (1) shall be
used by the Foundation for matching, in whole or in part,
contributions (whether in currency, services, or property) made
to the Foundation by private persons and State and local
government agencies.
``(c) Prohibition on Use of Grant Amounts for Litigation and
Lobbying Expenses.--Amounts provided as a grant by the Foundation shall
not be used for--
``(1) any expense related to litigation; or
``(2) any activity the purpose of which is to influence
legislation pending before Congress.''.
SEC. 208. LIMITATION ON AUTHORITY.
The National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.) is amended by adding at the end the following:
[[Page 114 STAT. 1782]]
``SEC. 11. LIMITATION ON <<NOTE: 16 USC 3710.>> AUTHORITY.
``Nothing in this Act authorizes the Foundation to perform any
function the authority for which is provided to the National Park
Foundation by Public Law 90-209 (16 U.S.C. 19e et seq.).''.
TITLE III--NATIONAL <<NOTE: National Wildlife Refuge System Centennial
Act.>> WILDLIFE REFUGE SYSTEM CENTENNIAL
SEC. 301. <<NOTE: 16 USC 668dd note.>> SHORT TITLE.
This title may be cited as the ``National Wildlife Refuge System
Centennial Act''.
SEC. 302. <<NOTE: 16 USC 668dd note.>> FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) President Theodore Roosevelt began the National Wildlife
Refuge System by establishing the first refuge at Pelican
Island, Florida, on March 14, 1903;
(2) the National Wildlife Refuge System is comprised of more
than 93,000,000 acres of Federal land managed by the United
States Fish and Wildlife Service in more than 532 individual
refuges and thousands of waterfowl production areas located in
all 50 States and the territories of the United States;
(3) the System is the only network of Federal land dedicated
singularly to wildlife conservation and where wildlife-dependent
recreation and environmental education are priority public uses;
(4) the System serves a vital role in the conservation of
millions of migratory birds, dozens of endangered species and
threatened species, some of the premier fisheries of the United
States, marine mammals, and the habitats on which such species
of fish and wildlife depend;
(5) each year the System provides millions of Americans with
opportunities to participate in wildlife-dependent recreation,
including hunting, fishing, and wildlife observation;
(6)(A) public visitation to national wildlife refuges is
growing, with more than 35,000,000 visitors annually; and
(B) it is essential that visitor centers and public use
facilities be properly constructed, operated, and maintained;
(7) the National Wildlife Refuge System Volunteer and
Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f
note; Public Law 105-242), and the amendments made by that Act,
significantly enhance the ability of the United States Fish and
Wildlife Service to incorporate volunteers and partnerships in
refuge management;
(8) as of the date of the enactment of this Act, the System
has an unacceptable backlog of critical operation and
maintenance needs; and
(9) the occasion of the centennial of the System, in 2003,
presents a historic opportunity to enhance natural resource
stewardship and expand public enjoyment of the national wildlife
refuges of the United States.
(b) Purposes.--The purposes of this title are--
(1) to establish a commission to promote awareness by the
public of the National Wildlife Refuge System as the System
celebrates its centennial in 2003;
(2) to develop a long-term plan to meet the priority
operation, maintenance, and construction needs of the System;
[[Page 114 STAT. 1783]]
(3) to require an annual report on the needs of the System
prepared in the context of--
(A) the budget submission of the Department of the
Interior to the President; and
(B) the President's budget request to Congress; and
(4) to improve public use programs and facilities of the
System to meet the increasing needs of the public for wildlife-
dependent recreation in the 21st century.
SEC. 303. <<NOTE: 16 USC 668dd note.>> NATIONAL WILDLIFE REFUGE SYSTEM
CENTENNIAL COMMISSION.
(a) Establishment.--There is established the National Wildlife
Refuge System Centennial Commission (referred to in this title as the
``Commission'').
(b) Members.--
(1) In general.--The Commission shall be composed of--
(A) the Director of the United States Fish and
Wildlife Service;
(B) up to 10 individuals appointed by the Secretary
of the Interior;
(C) the chairman and ranking minority member of the
Committee on Resources of the House of Representatives
and of the Committee on Environment and Public Works of
the Senate, who shall be nonvoting members; and
(D) the congressional representatives of the
Migratory Bird Conservation Commission, who shall be
nonvoting members.
(2) Appointments.--
(A) Deadline.--The members of the Commission shall
be appointed not later than 90 days after the effective
date of this title.
(B) Appointments by the secretary of the interior.--
(i) In general.--The members of the Commission
appointed by the Secretary of the Interior under
paragraph (1)(B)--
(I) shall not be officers or
employees of the Federal Government; and
(II) shall, in the judgment of the
Secretary--
(aa) represent the diverse
beneficiaries of the System; and
(bb) have outstanding
knowledge or appreciation of
wildlife, natural resource
management, or wildlife-
dependent recreation.
(ii) Representation of views.--In making
appointments under paragraph (1)(B), the Secretary
of the Interior shall make every effort to ensure
that the views of the hunting, fishing, and
wildlife observation communities are represented
on the Commission.
(3) Vacancies.--Any vacancy in the Commission--
(A) shall not affect the power or duties of the
Commission; and
(B) shall be expeditiously filled in the same manner
as the original appointment was made.
(c) Chairperson.--The Secretary of the Interior shall appoint one of
the members as the Chairperson of the Commission.
[[Page 114 STAT. 1784]]
(d) Compensation.--The members of the Commission shall receive no
compensation for their service on the Commission.
(e) Travel Expenses.--
(1) Legislative branch members.--The members of the
Commission from the legislative branch of the Federal Government
shall be allowed necessary travel expenses, as authorized by
other law for official travel, while away from their homes or
regular places of business in the performance of services for
the Commission.
(2) Executive branch members.--The members of the Commission
from the executive branch of the Federal Government shall be
allowed necessary travel expenses in accordance with section
5702 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for
the Commission.
(3) Other members and staff.--The members of the Commission
appointed by the Secretary of the Interior and staff of the
Commission may be allowed necessary travel expenses as
authorized by section 5702 of title 5, United States Code, while
away from their homes or regular places of business in the
performance of services for the Commission.
(f ) Duties.--The Commission shall--
(1) prepare, in cooperation with Federal, State, local, and
nongovernmental partners, a plan to commemorate the centennial
of the National Wildlife Refuge System beginning on March 14,
2003;
(2) coordinate the activities of the partners under the
plan; and
(3) plan and host, in cooperation with the partners, a
conference on the National Wildlife Refuge System, and assist in
the activities of the conference.
(g) Staff.--Subject to the availability of appropriations, the
Commission may employ such staff as are necessary to carry out the
duties of the Commission.
(h) Donations.--
(1) In general.--The Commission may, in accordance with
criteria established under paragraph (2), accept and use
donations of money, personal property, or personal services.
(2) Criteria.--The Commission shall establish written
criteria to be used in determining whether the acceptance of
gifts or donations under paragraph (1) would--
(A) reflect unfavorably on the ability of the
Commission or any employee of the Commission to carry
out its responsibilities or official duties in a fair
and objective manner; or
(B) compromise the integrity or the appearance of
the integrity of any person involved in the activities
of the Commission.
(i) Administrative Support.--Upon the request of the Commission--
(1) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service, may
provide to the Commission such administrative support services
as are necessary for the Commission to carry out the duties of
the Commission under this title, including services relating to
budgeting, accounting, financial reporting, personnel, and
procurement; and
[[Page 114 STAT. 1785]]
(2) the head of any other appropriate Federal agency may
provide to the Commission such advice and assistance, with or
without reimbursement, as are appropriate to assist the
Commission in carrying out the duties of the Commission.
( j) Reports.--
(1) Annual reports.--Not later than 1 year after the
effective date of this title, and annually thereafter, the
Commission shall submit to Congress a report on the activities
and plans of the Commission.
(2) Final report.--Not later than September 30, 2004, the
Commission shall submit to the Committee on Resources of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a final report on the activities of
the Commission, including an accounting of all funds received
and expended by the Commission.
(k) Termination.--
(1) In general.--The <<NOTE: Termination.>> Commission shall
terminate 90 days after the date on which the Commission submits
the final report under subsection ( j).
(2) Disposition of materials.--Upon termination of the
Commission and after consultation with the Archivist of the
United States and the Secretary of the Smithsonian Institution,
the Secretary of the Interior may--
(A)(i) deposit all books, manuscripts, miscellaneous
printed matter, memorabilia, relics, and other similar
materials of the Commission relating to the centennial
of the National Wildlife Refuge System in Federal,
State, or local libraries or museums; or
(ii) otherwise dispose of such materials; and
(B)(i) use other property acquired by the Commission
for the purposes of the National Wildlife Refuge System;
or
(ii) treat such property as excess property.
SEC. 304. <<NOTE: 16 USC 668dd note.>> LONG-TERM PLANNING AND ANNUAL
REPORTING REQUIREMENTS REGARDING THE OPERATION AND
MAINTENANCE BACKLOG.
(a) Unified Long-Term Plan.--Not <<NOTE: Deadline.>> later than
March 1, 2002, the Secretary of the Interior shall prepare and submit to
Congress and the President a unified long-term plan to address priority
operation, maintenance, and construction needs of the National Wildlife
Refuge System, including--
(1) priority staffing needs of the System; and
(2) operation, maintenance, and construction needs as
identified in--
(A) the Refuge Operating Needs System;
(B) the Maintenance Management System;
(C) the 5-year deferred maintenance list;
(D) the 5-year construction list;
(E) the United States Fish and Wildlife Service
report entitled ``Fulfilling the Promise of America's
National Wildlife Refuge System''; and
(F) individual refuge comprehensive conservation
plans.
(b) Annual Submission.--Beginning with the submission to Congress of
the budget for fiscal year 2003, the Secretary of the
[[Page 114 STAT. 1786]]
Interior shall prepare and submit to Congress, in the context of each
annual budget submission, a report that contains--
(1) an assessment of expenditures in the prior, current, and
upcoming fiscal years to meet the operation and maintenance
backlog as identified in the long-term plan under subsection
(a); and
(2) a specification of transition costs, in the prior,
current, and upcoming fiscal years, as identified in the
analysis of newly acquired refuge land prepared by the
Department of the Interior, and a description of the method used
to determine the priority status of the transition costs.
SEC. 305. <<NOTE: 16 USC 668dd note.>> YEAR OF THE NATIONAL WILDLIFE
REFUGE.
(a) Finding.--Congress finds that designation of the year 2003 as
the ``Year of the National Wildlife Refuge'' would promote the goal of
increasing public appreciation of the importance of the National
Wildlife Refuge System.
(b) Proclamation.--The President is requested to issue a
proclamation calling on the people of the United States to conduct
appropriate programs, ceremonies, and activities to accomplish the goal
of such a year.
SEC. 306. <<NOTE: 16 USC 668dd note.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the activities
of the Commission under this title--
(1) $100,000 for fiscal year 2001; and
(2) $250,000 for each of fiscal years 2002 through 2004.
SEC. 307. <<NOTE: 16 USC 668dd note.>> EFFECTIVE DATE.
This title takes effect on January 20, 2001.
Approved November 1, 2000.
LEGISLATIVE HISTORY--H.R. 3671:
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HOUSE REPORTS: No. 106-554 (Comm. on Resources).
SENATE REPORTS: No. 106-495 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Apr. 5, considered and passed House.
Oct. 12, considered and passed Senate, amended.
Oct. 18, House concurred in Senate amendments.
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