[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repealed.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.).]