House Report 106-911 - NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT AMENDMENTS OF 2000

[House Report 106-911]
[From the U.S. Government Publishing Office]

106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-911

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

NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT AMENDMENTS OF
2000

_______

September 28, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed

_______

Mr. Young of Alaska, from the Committee on Resources, submitted the
following

R E P O R T

together with

DISSENTING VIEWS

[To accompany S. 1653]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill (S.
1653) to reauthorize and amend the National Fish and Wildlife
Foundation Establishment Act, having considered the same,
reports favorably thereon with an amendment and recommends 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
Establishment Act Amendments of 2000''.

SEC. 2. 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. 3. 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
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 6 shall be educated or
experienced in fish, wildlife, or other natural
resource conservation;
``(ii) at least 4 shall be educated or
experienced in the principles of fish,
wildlife, or other natural resource management;
and
``(iii) at least 4 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 enactment of this paragraph shall continue
to serve until the expiration of their terms.
``(ii) New directors.--The Secretary of the
Interior shall appoint 8 new Directors; to the
maximum extent practicable those appointments
shall be made not later than 45 calendar days
after the date of enactment of this paragraph.
``(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--
``(i) 2 Directors for a term of 2 years;
``(ii) 3 Directors for a term of 4 years; and
``(iii) 3 Directors for a term of 6 years.
``(4) Vacancies.--
``(A) In general.--The Secretary of the Interior
shall fill a vacancy on the Board; to the maximum
extent practicable the vacancy shall be filled not
later than 45 calendar days after the occurrence of the
vacancy.
``(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 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 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 by striking
``Secretary'' and inserting ``Secretary of the Interior or the
Secretary of Commerce''.
(3) Section 6 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3705) is amended by inserting ``or
the Department of Commerce'' after ``Department of the
Interior''.

SEC. 4. 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.
(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 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 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 1 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. 5. 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. 6. NOTICE OF GRANTS TO MEMBERS OF CONGRESS.

Section 4 of the National Fish and Wildlife Foundation Establishment
Act (16 U.S.C. 3703) is further amended by adding at the end the
following:
``(i) Notice of Grants to Members of Congress.--The Foundation may
not make a grant of funds unless, by not later than 60 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 conducted.''.

SEC. 7. 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 and 2002--
``(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. 8. 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:

``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.).''.

SEC. 9. PROHIBITION ON USE OF GRANT AMOUNTS FOR INTRODUCTION OF WOLVES
OR GRIZZLY BEARS.

Section 10 of the National Fish and Wildlife Foundation Establishment
Act (16 U.S.C. 3709) is amended by adding at the end the following:
``(d) Prohibition on Use of Grant Amounts for Introduction of Wolves
or Grizzly Bears.--Amounts provided as a grant by the Foundation shall
not be used for any activity related to the introduction of wolves or
grizzly bears in Idaho, Montana, Utah, or Wyoming.''.

Purpose of the Bill

The purpose of S. 1653 is to reauthorize and amend the
National Fish and Wildlife Foundation Establishment Act.

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--
(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 National Fish and Wildlife Foundation Establishment Act
also 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 who are educated, experienced,
and knowledgeable in fish and wildlife conservation; the
members of the Board would serve for a maximum of 12 years
without pay, but would be eligible for travel and subsistence
expenses; the Foundation would be audited on a yearly basis;
and the Foundation would be authorized to receive up to $1
million in U.S. taxpayers' funds for a ten-year period
beginning on October 1, 1983. The Foundation was required to
match, on a one-for-one basis, any money it received from the
United States Congress.
In 1988, the Congress increased the authorization for the
National Fish and Wildlife Foundation to $5 million a year
(Public Law 100-240). It also repealed the one-for-one matching
fund requirement.
In 1990, the Congress again extended the Foundation's
ability to obtain U.S. taxpayer support for an additional three
years by increasing the $5 million authorization ceiling to $15
million in fiscal year 1991, $20 million in fiscal year 1992,
and $25 million in fiscal year 1993. Furthermore, the
legislation prohibited the Foundation from using any federal
funds for its administrative expenses, including salaries,
travel, transportation, and other overhead expenses.
In 1994, Congress enacted the National Fish and Wildlife
Improvement Act of 1994 (Public Law 103-232). This law expanded
the Foundation's Board of Directors from nine to 15 members;
provided explicit authority for the Foundation to work with the
National Oceanic and Atmospheric Administration on marine
conservation projects; and authorized federal appropriations of
$25 million per year for fiscal years 1994, 1995, 1996, 1997
and 1998.
While the Foundation has not received $25 million in any
single fiscal year, it has obtained total $150 million in
federal funds through both appropriations and cooperative
agreements with individual agencies since 1984. Appropriated
dollars are invested directly in on-the-ground projects.
Federal funds provided to the Foundation are awarded as
challenge grants to on-the-ground conservation projects. The
term ``challenge grant'' indicates that the federal seed funds
must be matched with additional funding, thereby multiplying
investments in conservation and involving diverse public and
private participants in projects. Since the National Fish and
Wildlife Foundation was established in 1984, the Foundation has
funded more than 3,850 grants, comprised of $150 million
federal funds matched with more than $340 million in non-
federal dollars for a total of $490 million invested for
conservation. That is a ratio of more than 2:1, which means
more than $2 in non-federal money for each dollar appropriated
to the Foundation.
The Foundation fosters partnerships among federal, State,
and local governments, corporations, private foundations,
individuals, and nonprofit organizations. Funds have been
awarded to more than 1,100 grantees, including government
agencies, educational institutions, and domestic and
international conservation organizations. They have conducted
these projects with 36 federal agencies, 125 State and local
agencies, 92 colleges and universities, and 852 different
conservation groups, including the Audubon Society, Cape May
Bird Observatory, Chesapeake Bay Foundation, Defenders of
Wildlife, Ducks Unlimited, the International Association of
Fish and Wildlife Agencies, the Nature Conservancy, the
Peregrine Fund, and Zoo Atlanta.
The fundamental goal of the National Fish and Wildlife
Foundation is to provide support to local conservation projects
and foster cooperation through established partnerships with
government and private stakeholders. The Foundation awards
funds to projects benefitting conservation education, habitat
protection and restoration, and natural resource management.
To capitalize on its goal of supporting community-based
conservation, the Foundation works through a network of regions
and partnership offices. Within this regional orientation,
there are five thematic objectives:
Working with Private Landowners.--This program focuses on
conserving natural resources by partnering with the people who
make their living from the land, and can be broken into three
categories:
Restoring and enhancing riparian areas, wetlands, and
floodplains: The Foundation has undertaken more than 400
projects to enhance the native vegetative composition and the
stability of riparian areas in watersheds with both public and
private landownership. An example of a partnership is a project
in the Catlow Valley inOregon's Great Basin that played an
important part of a ``listing is not warranted'' decision for the Great
Basin redband trout under the Endangered Species Act. The overall
project involves 300,000 acres of land, over half of which is privately
owned, on which the Foundation supported restoring springs and building
wildlife and livestock watering areas to enhance riparian areas and
improve habitat for redband trout and tui chub.
Controlling invasive and noxious weeds: Through the Pulling
Together Initiative, the Foundation creates partnerships
between federal agencies and State and local agencies,
industry, private landowners, and related interested parties in
developing long-term weed management projects as part of an
integrated pest management strategy. The coordinated approach
supports long-term invasive plant management at the local level
and has resulted in leveraged funds; shared experience among
partners; cooperation between private and public partners; and
increased public awareness of the dangers of allowing expansion
of invasive and noxious plants. For example, the American Land
Conservancy's Bear Creek Watershed Restoration project in
California brought multiple partners together to control yellow
starthistle and other invasive weeds utilizing an integrated
pest management approach. State universities and agencies
established demonstration sites throughout the watershed to
show examples of weed control, native plant enhancement, and
habitat restoration as well as to raise public awareness about
invasive plants and the ecological restoration that has been
implemented.
Protecting land through easements and other mechanisms:
Conservation easements offer landowners a variety of options
for protecting wildlife habitat while allowing farmers,
ranchers and other landowners the ability to continue to own
and work their land and pass the property to heirs. All
easements supported by the Foundation are done with willing
partners and must promote and further the conservation and
management of fish, wildlife and plant resources of the United
States. The Foundation has supported over 120 projects
involving conservation easements with partners as diverse as
the California Rangeland Trust, Malpai Borderlands Group, Ducks
Unlimited, and many locally-based land trusts.
Enhancing Conservation Education.--This program supports
innovative education programs targeting under-served groups and
young people, educators, community leaders, and private
landowners nationwide, the critical audiences responsible for
the current and future management of our natural resources. To
date, the Foundation has awarded over 530 grants worth $11.4
million, and those grants have leveraged more than $38 million
for conservation education projects located in all 50 States.
Promoting Sustainable Communities.--This program invests in
projects that build economic opportunity and capacity at the
local level to balance growth with species and habitat
conservation. The Foundation has awarded over 800 grants,
committing $27 million in federal funds and leveraging an
additional $60 million in non-federal contributions to support
projects that sustain the health and diversity of fish and
wildlife habitat in communities.
Fostering Resolution of Resource Conflicts.--The Foundation
has provided critical support to resolve controversies
regarding fish and wildlife protection and communities'
development needs. For example, the Foundation is assisting the
Sierra Business Council, an association of over 450 member
businesses working to secure the economic and environmental
health of the Sierra Nevada, to develop the Placer County Open
Space and Preservation Plan. Working collaboratively with State
and federal agencies, the Sierra Business Council
simultaneously addressed the environmental and economic needs
of Placer County through the establishment of a countywide
Natural Communities Conservation Plan.
Promoting Strong, Diversified Local Economies.--The
Pinellas County Environmental Foundation (PCEF) is a unique
partnership that brings the Foundation's expertise to this
Florida Gulf Coast community. PCEF's mission is to conserve,
restore and enhance the natural resources of Pinellas County
for its citizens and visitors through innovative and
sustainable partnerships among stakeholders. Although Pinellas
is the State's most densely populated county, natural resources
are abundant, including wading bird rookeries, nearshore
fisheries, and parklands. Through PCEF, the Tampa Bay area is
becoming a model for nature tourism (the Florida Birding
Festival and Flats Fishing Tournament), environmental
education, and integrating natural resource conservation with
population growth.
The Foundation develops partnerships with private
corporations that foster strategic investments in conservation
solutions. Programs are jointly developed by the corporation
and the Foundation and address demonstrated conservation needs.
For additional information, please see Senate Report 106-
230.

Committee Action

S. 1653 was introduced on September 28, 1999, by the late
Senator John H. Chafee (R-RI). On March 9, 2000, the Senate
passed S. 1653 by unanimous consent. In the House of
Representatives, the bill was referred to the Resources
Committee. While there were no specific hearings on this
legislation, the Subcommittee on Fisheries Conservation,
Wildlife and Oceans of the Committee on Resources has conducted
several comprehensive oversight hearings on the operation of
the National Fish and Wildlife Foundation. On September 20,
2000, the Full Resources Committee met to consider the bill.
Chairman Don Young (R-AK) offered an amendment in the nature of
a substitute that shortened the authorization period, provided
level funding for the Foundation at $25 million ($20 million to
the Department of the Interior and $5 million to the Department
of Commerce), retained the lobbying and litigation prohibition
reforms, did not expand the Foundation's authority beyond the
U.S. Fish and Wildlife Service and the National Oceanic and
Atmospheric Administration, and increased the size of the
Foundation's Board of Directors. Congressman Jim Hansen (R-UT)
offered an amendment to the substitute that required an annual
report to the House Committee on Resources and Senate Committee
on Environment and Public Works detailing the recipient, amount
and purpose of each conservation grant, and required that the
Foundation must provide a 60-day notice to those Members of
Congress that will be affected by a specific conservation grant
project in their district. The amendment was adopted by voice
vote. Congressman Helen Chenoweth-Hage (R-ID) offered an
amendment that prohibited the use of grant money for the
introduction of wolves or grizzly bears in Idaho, Montana,
Utah, or Wyoming. The amendment was adopted by a vote of 25 to
9, as follows:

The amendment in the nature of a substitute, as amended,
was then approved by voice vote. The bill, as amended, was then
ordered favorably reported to the House of Representatives by
voice vote.

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. Government Reform Oversight Findings. Under clause
3(c)(4) of Rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
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:

U.S. Congress,
Congressional Budget Office,
Washington, DC, September 25, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1653, the National
Fish and Wildlife Foundation Establishment Act Amendments of
2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.

S. 1653--National Fish and Wildlife Foundation Establishment Act
Amendments of 2000

Summary: S. 1653 would authorize the appropriation of $25
million for each of fiscal years 2001 and 2002 for making
payments to the National Fish and Wildlife Foundation (NFWF).
The payments would be made by the Department of the Interior
and the Department of Commerce, and would be available to the
foundation to match contributions received from private, state,
and local organizations to carry out various wildlife programs.
Other provisions of the act, which would amend the National
Fish and Wildlife Foundation Establishment Act, would have no
impact on federal spending. Many of its provisions would
clarify existing laws regarding the foundation's investment and
use of funds.
The legislation would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
S. 1653 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would have no significant impact on the budgets of state,
local, or tribal governments.
Estimated Cost to the Federal Government: Assuming
appropriation of the authorized amounts, CBO estimates that
federal agencies would make payments totaling $25 million to
the NFWF in fiscal years 2001 and 2002. The amounts that would
be authorized to be appropriated for payment to the NFWF under
S. 1653 are the same as the previous annual authorization
(which expired at the end of fiscal year 1998) and $18 million
higher than the amount appropriated for payments to the NFWF
for 2000. The estimated budgetary impact of S. 1653 is shown in
the following table. The costs of this legislation fall within
budget function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
By Fiscal Year, in Millions of Dollars
-----------------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
Budget authority \1\.................................. 7 0 0 0 0 0
Estimated outlays..................................... 7 0 0 0 0 0
Proposed changes:
Authorization level................................... 0 25 25 0 0 0
Estimated outlays..................................... 0 25 25 0 0 0
Spending under S. 1653:
Authorization level................................... 7 25 25 0 0 0
Estimated outlays..................................... 7 25 25 0 0 0
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year for payments to the NFWF.

Pay-as-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact: S. 1653
contains no intergovernmental or private-sector mandates as
defined in UMRA and would have no significant impact on the
budgets of state, local, or tribal governments.
Previous CBO Estimate: On February 24, 2000, CBO
transmitted a cost estimate for S. 1653, the National Fish and
Wildlife Foundation Establishment Act Amendments of 1999, as
ordered reported by the Senate Committee on Environment and
Public Works on February 9, 2000. The House version of S. 1653
would authorize annual appropriations of $15 million less than
the Senate version, and would authorize such payments for two
rather than five years. These differences are reflected in the
CBO estimates.
Estimate Prepared by: Federal Costs Deborah Reis; Impact on
State, Local, and Tribal Governments: Marjorie Miler; Impact on
the Private Sector: Lauren Marks.
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 italics, existing law in which no change
is proposed is shown in roman):

NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT

* * * * * * *

SEC. 2. ESTABLISHMENT AND PURPOSES OF FOUNDATION.

(a) * * *
(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;]
(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. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

[(a) Establishment and Membership.--The Foundation shall have
a governing Board of Directors (hereinafter referred to in this
Act as the ``Board''), which shall consist of 15 Directors,
each of whom shall be a United States citizen and--
[(1) six of whom must be knowledgeable or experienced
in fish and wildlife conservation; and
[(2) 4 of whom must be educated and experienced in
the principles of fish and wildlife management.
The membership of the Board, to the extent practicable, shall
represent diverse points of view relating to fish and wildlife
conservation. The Director of the United States Fish and
Wildlife Service shall be an ex officio nonvoting member of the
Board. Appointment to the Board shall not constitute employment
by, or the holding of an office of, the United States for the
purposes of any Federal law.
[(b) Appointment and Terms.--By December 31, 1984, the
Secretary of the Interior (hereinafter referred to in this Act
as the ``Secretary'') shall appoint the Directors of the Board.
The Directors shall be appointed for terms of 6 years; except
that the Secretary, in making the initial appointments to the
Board, shall appoint 3 Directors to a term of 2 years, 3
Directors to a term of 4 years, and 3 Directors to a term of 6
years. A vacancy on the Board shall be filled within 60 days of
said vacancy in the manner in which the original appointment
was made. No individual may serve more than 2 consecutive terms
as a Director. The Secretary of the Interior shall consult with
the Under Secretary of Commerce forOceans and Atmosphere before
appointing any Director of the Board.]
(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 6 shall be educated or
experienced in fish, wildlife, or other
natural resource conservation;
(ii) at least 4 shall be educated or
experienced in the principles of fish,
wildlife, or other natural resource
management; and
(iii) at least 4 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 enactment of this paragraph
shall continue to serve until the
expiration of their terms.
(ii) New directors.--The Secretary of
the Interior shall appoint 8 new
Directors; to the maximum extent
practicable those appointments shall be
made not later than 45 calendar days
after the date of enactment of this
paragraph.
(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--
(i) 2 Directors for a term of 2
years;
(ii) 3 Directors for a term of 4
years; and
(iii) 3 Directors for a term of 6
years.
(4) Vacancies.--
(A) In general.--The Secretary of the
Interior shall fill a vacancy on the Board; to
the maximum extent practicable the vacancy
shall be filled not later than 45 calendar days
after the occurrence of the vacancy.
(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 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 shall consult
with the Secretary of Commerce.

* * * * * * *

SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

(a) In General.--The Foundation--
(1) * * *

* * * * * * *

(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

* * * * * * *

(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) * * *

* * * * * * *

(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;
[(3)] (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;
[(4)] (8) to borrow money and issue bonds,
debentures, or other debt instruments;
[(5)] (9) to sue and be sued, and complain and defend
itself in any court of competent jurisdiction, except
that the [Directors of the Board] Directors of the
Foundation shall not be personally liable, except for
gross negligence;
[(6)] (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
[(7)] (11) to do any and all acts necessary and
proper to carry out the purposes of the Foundation.

* * * * * * *

(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) * * *
[(B) the Director of the United States Fish and
Wildlife Service (hereinafter in this subsection
referred to as the ``Director'') consents to the
acquisition in writing.]
(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.

* * * * * * *

(3)(A) * * *

* * * * * * *

(B) The Foundation may only make a conveyance or provide
Federal funds under subparagraph (A) if--
(i) * * *
[(ii) the Director finds that conveyance or provision
of Federal funds meets the requirements of clause (i)
and consents to it in writing.]
(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.

* * * * * * *

[(5) The Foundation shall convey at not less than fair-market
value any real property acquired by it in whole or in part with
Federal funds if the Foundation and the Director determine, in
writing, that--
[(A) the land is no longer valuable for the purposes
of fish and wildlife conservation or management; and
[(B) the purposes of the Foundation would be better
served by the use of the Federal funds for other
authorized activities of the Foundation.]
(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.

* * * * * * *

(h) Expenditures for Printing Services or Capital
Equipment.--The Foundation shall not make any expenditure of
Federal funds in connection with any 1 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 of Grants to Members of Congress.--The Foundation
may not make a grant of funds unless, by not later than 60 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
conducted.

* * * * * * *

SEC. 6. VOLUNTEER STATUS.

The [Secretary] 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) * * *
(b) Report.--The Foundation shall, as soon as practicable
after the end of each fiscal year, transmit to [Congress] 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.

* * * * * * *

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

[(a) Authorization.--There are authorized to be appropriated
to the Department of the Interior $25,000,000 for each of
fiscal years 1994, 1995, 1996, 1997, and 1998.
[(b) Use of Amounts Appropriated.--(1) Subject to paragraph
(2), amounts appropriated under this section shall be made
available to the Foundation for use 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.
[(2) No Federal funds authorized under this section shall be
used by the Foundation for administrative expenses of the
Foundation, including for salaries, travel and transportation
expenses, and other overhead expenses.
[(c) Additional Authorization.--The amounts authorized to be
appropriated under this section are in addition to any amounts
provided or available to the Foundation under any other Federal
law.]
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this Act for each of fiscal
years 2001 and 2002--
(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.
(d) Prohibition on Use of Grant Amounts For Introduction of
Wolves or Grizzly Bears.--Amounts provided as a grant by the
Foundation shall not be used for any activity related to the
introduction of wolves or grizzly bears in Idaho, Montana,
Utah, or Wyoming.

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.).
----------

SECTION 304 OF THE ACT OF OCTOBER 23, 1992

AN ACT To promote the conservation of wild exotic birds, to provide for
the Great Lakes Fish and Wildlife Tissue Bank, to reauthorize the Fish
and Wildlife Conservation Act of 1980, to reauthorize the African
Elephant Conservation Act, and for other purposes.

[SEC. 304. NATIONAL FISH AND WILDLIFE FOUNDATION.

[Beginning in fiscal year 1993 and hereafter, the National
Fish and Wildlife Foundation may continue to draw down Federal
funds when matching requirements have been met: Provided, That
interest earned by the Foundation and its subgrantees on funds
drawn down to date, but not immediately disbursed, shall be
used to fund all activities as approved by the Board of
Directors: Provided further, That the Foundation's subgrantees
shall be exempt from the audit reporting and compliance
requirements of OMB Circular A-133, for all grants of $100,000
or less. The Foundation shall amend its grant contracts to
ensure that its subgrantees are advised and certify that they
will comply with all applicable Federal laws and regulations
imposed on individuals or organizations receiving Federal
funds.]

DISSENTING VIEWS

It is with regret that we oppose S. 1653 as amended by the
Committee on Resources. The National Fish and Wildlife
Foundation (Foundation) has enjoyed wide, bipartisan support
from Congress since its inception in 1984, but the Majority has
chosen to depart from that tradition and again derail what
should be a non-controversial bill by the inclusion of a poison
pill amendment.
We support S. 1653 and its fundamental goal of
reauthorizing the Foundation and its popular programs.
Unfortunately, the amendment offered by Rep. Chenoweth-Hage and
adopted over our objectives at the September 20, 2000 Committee
markup transforms what should have been a straightforward
reauthorization into a partisan platform with the objective of
undermining the Endangered Species Act (ESA).
The Chenoweth-Hage amendment would prohibit the Foundation
from funding any activities related to the reintroduction of
wolves or grizzly bears in Idaho, Montana, Utah, and Wyoming.
This amendment, which serves the political and ideological
interests of a handful of Members who object to the Endangered
Species Act, compromises the fundamental integrity of the
Foundation's science-based programs.
The Foundation is an established, competitive grant-making,
peer-reviewed organization with a long history of funding
successful conservation projects throughout the United States.
The Foundation has worked closely with Congress and has engaged
in numerous popular endeavors, without major objections, until
the 104th Congress when certain Members of the Majority of this
Committee began investigating Foundation activities related to
the Endangered Species Act.
Ironically, the Foundation has never funded any grizzly
bear reintroduction efforts. It has, however, funded research
and education programs on the prevention of human/grizzly bear
interactions. In addition, the Foundation has awarded less than
$150,000 worth of projects related to the reintroduction of
wolves.
However, the substance of our concern with the Chenoweth-
Hage amendment is the precedent of Congress intervening to
constrain the Foundation's conservation activities. The
amendment effectively undercuts a competitive grant-making
process that has resulted in more than 3,500 conservation
projects throughout all fifty states and insular areas and in
35 other countries. The development of scientifically-based
projects is not enhanced by the interjection of Congressional
politics as reflected in the Chenoweth-Hage amendment.
Over the past 16 years the Foundation has matched federal
dollars with private donations on over a two-to-one ratio,
ensuring that federal appropriations have a far greater impact.
The Foundation has worked successfully with diverse interests
such as the California Cattleman's Association and The Nature
Conservancy, forging partnerships and developing effective
cost-sharing initiatives.
In conclusion, it is unwise and unnecessary to include the
Chenoweth-Hage restrictions on non-controversial
reauthorization legislation. It would be bad precedent for
Congress to begin micro-managing the Foundation's
scientifically-based and competitive conservation grant
projects. If the Majority wants to rewrite the Endangered
Species Act they should choose another legislative forum in
which to engage in that battle and refrain from cluttering this
bipartisan bill with their ideological baggage. The House
should reject the Committee's nefarious amendments and instead
send S. 1653, as passed by the Senate, to the President for his
signature.
George Miller,
Ranking Member, Committee on
Resources.
Frank Pallone.