[Senate Report 109-127]
[From the U.S. Government Publishing Office]
Calendar No. 198
109th Congress Report
SENATE
1st Session 109-127
======================================================================
NATIONAL FISH AND WILDLIFE FOUNDATION REAUTHORIZATION ACT OF 2005
_______
August 31, 2005.--Ordered to be printed
Filed, under authority of the order of the Senate of July 29, 2005
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1428]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (H.R. 1428) to authorize appropriations for the
National Fish and Wildlife Foundation, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
General Statement and Background
The National Fish and Wildlife Foundation (Foundation) was
created in 1984 by the National Fish and Wildlife Foundation
Establishment Act (P. L. 98-244) as a charitable nonprofit
corporation that is not an agency of the United States. The
stated purposes of the Foundation are:
(1) To encourage, accept, and administer private
gifts of property for the benefit of, or in connection
with, the activities and services of the United States
Fish and Wildlife Service; and
(2) To undertake and conduct such other activities
as will further the conservation and management of the
fish, wildlife, and plant resources of the United
States, and its territories and possessions, for
present and future generations of Americans.
The '84 Act also stipulated that the Foundation be governed
by a Board of Directors consisting of nine U. S. citizens
appointed by the Secretary of the Interior who would serve for
a maximum of 12 years without pay, but would be eligible for
travel and subsistence expenses. The Foundation is audited
annually and is required to match, on a one-for-one basis, any
money it receives from the Congress for the purpose of grant
awards. The Foundation was initially authorized to receive up
to $1 million a year for a 10-year period.
Since its establishment in 1984, the Foundation has funded
more than 6,420 conservation projects throughout the United
States and in other counties. By using a partnership and
challenge grant approach, $305 million in Federal funds have
leveraged conservation projects worth more than $918.8 million,
making an average match ratio of three non-Federal dollars for
each Federal dollar appropriated to the Foundation. Moreover,
the Foundation has built partnerships with 388 Federal
partners, 514 State and local agencies, 186 colleges and
universities, and 1,815 different conservation groups.
The fundamental goals of conservation projects has been: to
engage the broadest possible base of partners for collaborative
conservation; increase resources for conservation; support
innovative and sustainable conservation solutions; respect
private property rights; enhance personal and community
livelihoods; recover and sustain viable and healthy ecosystems;
maintain scientific rigor and integrity; and maximize
efficiency, customer service and financial accountability.
In 1988, Congress increased the authorization level for the
Foundation to $5 million a year. (P. L. 100-240). In 1990,
Congress again extended and increased the Foundation's
authorization ceilings in the following manner: $15 million in
fiscal year 1991, $20 million in fiscal year 1992 and $25
million in fiscal year 1993. In addition, the legislation (P.
L. 101-593) prohibited the Foundation from using any Federal
funds for its administrative expenses, including salaries,
travel, transportation and other overhead expenses. In 1994,
Congress passed the National Fish and Wildlife Improvement Act
(P. L. 103-232), expanding the Foundation's Board of Directors
from nine to 15 members; granting explicit new authority for
the Foundation to work with the National Oceanic and
Atmospheric Administration (NOAA) on marine conservation
projects; and authorizing $25 million annually for five fiscal
years until September 30, 1998.
In 2000, Congress enacted the National Fish and Wildlife
Foundation Establishment Act Amendments. This legislation again
increased the size of the Board of Directors to 25 members;
established a 30-day congressional notice requirement for any
proposed conservation grant; prohibited the use of Federal
funds by those groups or individuals who obtain grant money
from the Foundation from engaging in litigation and lobbying;
and extended authorizations of appropriations until September
30, 2003. However, the Congress inadvertently reduced the
Foundation's authorization for the Department of the Interior
from $25 to $20 million. This oversight was corrected in
Section 6 of P. L. 107-141, the Asian Elephant Conservation
Reauthorization Act of 2002, which restored the authorization
to $25 million per year and extended the authorization period
until September 30, 2005.
Most recently, Congress approved the National Park System
Laws Technical Amendments Act (P.L. 108-352) in 2003, which
partially affected the Foundation. Incorporated within Section
9 of that Act is language stipulating that employees of
foundations established by Acts of Congress, including the
National Fish and Wildlife Foundation, the National Forest
Foundation and the National Park Foundation, are eligible for
General Services Administration contract airfare rates.
Objectives of the Legislation
The purpose of H.R. 1428 is to authorize appropriations for
the National Fish and Wildlife Foundation.
Section-by-Section Analysis
Section 1. Short Title.
This Act may be cited as the ``National Fish and Wildlife
Foundation Reauthorization Act of 2005''.
Sec. 2. Authorization of Appropriations.
Section 10(a)(1) of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3709(a)(1)) is amended
by striking ``fiscal years 2001 through 2005'' and inserting
``fiscal years 2006 through 2010''.
Sec. 3. Application of Notice Requirement Limited to Grants Made with
Federal Funds.
Section 4(i) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3703(i)) is amended by striking
``grant of funds'' and inserting ``grant of Federal funds in an
amount greater than $10,000''.
Sec. 4. Clarification of Authority to Use Federal Funds to Match
Contributions Made to Recipients of National Fish and Wildlife
Foundation Grants.
Section 10(a)(3) of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3709(a)(3)) is amended
by inserting ``, or to a recipient of a grant provided by the
Foundation,'' after ``made to the Foundation''.
Sec. 5. Repeal.
Effective September 30, 2015, the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.)
is hereby repealed.
Legislative History
On June 28, 2005, H.R. 1428 was received in the Senate and
referred to the Senate Committee on Environment and Public
Works. On July 20, 2005, the full committee held a business
meeting and unanimously ordered H.R. 1428 to be favorably
reported without amendment to the full Senate.
Hearings
No Senate committee hearings were held on H.R. 1428.
Rollcall Votes
The Committee on Environment and Public Works met to
consider H.R. 1428 on July 20, 2005. The committee approved
H.R. 1428 by unanimous consent.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that H.R.
1428 does not create any additional regulatory burdens, nor
will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that H.R. 1428 would
not impose Federal intergovernmental unfunded mandates on
State, local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
----------
H.R. 1428, National Fish and Wildlife Foundation Reauthorization Act of
2005, As ordered reported by the Senate Committee on
Environment and Public Works on July 20, 2005
Summary
H.R. 1428 would extend the authorization of appropriations
for Federal support of the National Fish and Wildlife
Foundation. CBO estimates that implementing H.R. 1428 would
cost $30 million in 2006 and $150 million over the next 5
years, assuming appropriation of the authorized amounts.
Enacting the legislation would not affect direct spending or
revenues. H.R. 1428 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA) and would impose no costs on State, local, or tribal
governments.
Estimated Cost to the Federal Government
The estimated budgetary impact of H.R. 1428 is shown in the
following table. The costs of this legislation fall within
budget function 300 (natural resources and environment).
H.R. 1428 would authorize, through 2010, appropriations
totaling $30 million a year for Federal support of the National
Fish and Wildlife Foundation ($7 million was appropriated for
that purpose in fiscal year 2005). The foundation is a
nonprofit corporation established by Federal law to provide
grants for activities related to conserving and managing fish,
wildlife, plants, and other natural resources. Assuming
appropriation of the specified amounts, CBO estimates that
payments to the foundation under H.R. 1428 would cost $30
million a year over the 2006-2010 period.
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2005 2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for the National Fish and Wildlife
Foundation.....................................................
Budget Authority\1\......................................... 7 0 0 0 0 0
Estimated Outlays........................................... 7 0 0 0 0 0
Proposed Changes................................................
Authorization Level......................................... 0 30 30 30 30 30
Estimated Outlays........................................... 0 30 30 30 30 30
Spending Under H.R. 1428 for the National Fish and Wildlife
Foundation.....................................................
Authorization Level\1\...................................... 7 30 30 30 30 30
Estimated Outlays........................................... 7 30 30 30 30 30
----------------------------------------------------------------------------------------------------------------
\1\The 2005 level is the amount appropriated for Federal support of the National Fish and Wildlife Foundation
for that year.
Intergovernmental and Private-Sector Impact
H.R. 1428 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments.
Previous CBO Estimate
On June 3, 2005, CBO transmitted a cost estimate for H.R.
1428 as ordered reported by the House Committee on Resources on
May 18, 2005. The two versions of the legislation are
identical, and our cost estimates are the same.
Estimate Prepared By: Federal Costs: Megan Carroll; Impact
on State, Local, and Tribal Governments: Marjorie Miller;
Impact on the Private Sector: Craig Cammarata.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Additional Views of Senators Chafee, Jeffords, and Warner
Established in 1984, the National Fish and Wildlife
Foundation (Foundation) is a congressional chartered private
non-profit organization dedicated to the conservation of fish,
wildlife, and plants, and the habitat on which they depend. By
fostering partnerships to further conservation and the
sustainable use of natural resources, the Foundation has
awarded more than 6,400 grants leveraging $261 million in
Federal funds for more than $786 million in on-the-ground
conservation in every State in the Nation. This has resulted in
27 million acres of protected, restored, and managed wildlife
habitat, ushering in a new model for private land stewardship
that has protected countless species and provided future
benefits for generations of Americans.
Section 5 of H.R. 1428 would sunset the Foundation
effective September 30, 2015 by repealing provisions in the
National Fish and Wildlife Foundation Establishment Act (P.L.
98-244, as amended) authorizing annual appropriations for the
Foundation. Originally intended to repeal the Foundation
itself, Section 5 was added by the House Resources Committee
prior to Committee approval and modified before final passage
of H.R. 1428 by the House of Representatives. We are troubled
by this provision, as it alters the practice of the Senate
Committee on Environment and Public Works to reauthorize
appropriations before their expiration. To date, it is our
understanding that this Committee has had no opportunity in the
past to consider, debate, or ultimately approve or deny
legislation that included a sunset provision of this nature.
By rescinding the `Authorization of Appropriations' in
Section 10(a)(1) of the Foundation's Establishment Act, Section
5 refers to an ongoing debate in the House of Representatives
regarding authorizations versus appropriations. Rather than
allowing funding authorizations to expire as has occurred with
several environmental statutes, Section 5 proposes to rescind
arbitrarily the authorization of appropriations at a date
certain without regard to a balanced policy decision based on
the merit of the program or its effectiveness. If we are to
begin to sunset programs under the jurisdiction of this
Committee, we believe this discussion must be part of a larger
debate on the merits of sunsetting statutes on specific dates.
In our opinion, the Committee's approval of the ``repeal''
language in H.R. 1428 sets a dangerous precedent for the
potential to sunset other environmental statutes in the future.
We will be working to remove Section 5 before Senate approval
of H.R. 1428.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
----------
NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT
* * * * * * *
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fish and Wildlife
Foundation Establishment Act''.
* * * * * * *
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) * * *
* * * * * * *
(i) Notice to Members of Congress.--The Foundation shall
not make a [grant of funds] grant of Federal funds in an amount
greater than $10,000 unless, by not later than 30 days before
the grant is made, the Foundation provides notice of the grant
to the Member of Congress for the congressional district in
which the project to be funded with the grant will be carried
out.
* * * * * * *
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this Act for each of [fiscal
years 2001 through 2005] fiscal years 2006 through
2010--
(A) $25,000,000 to the Department of the
Interior; and
(B) $5,000,000 to the Department of
Commerce.
* * * * * * *
(3) Use of appropriated funds.--Subject to
paragraph (4), amounts made available under paragraph
(1) shall be provided to the Foundation for use for
matching, on a 1-to-1 basis, contributions (whether in
currency, services, or property) made to the
Foundation, or to a recipient of a grant provided by
the Foundation, by private persons and State and local
government agencies.
* * * * * * *
[Effective September 30, 2015, section 10(a)(1) of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3709(a)(1)) is hereby repealed.]
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
[(a) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this Act for each of fiscal
years 2001 through 2005--
[(A) $25,000,000 to the Department of the
Interior; and
[(B) $5,000,000 to the Department of
Commerce.]
* * * * * * *