II
Calendar No. 413
113th CONGRESS
2d Session
S. 51
[Report No. 113–183]
IN THE SENATE OF THE UNITED STATES
January 22 (legislative day, January 3), 2013
Mrs. Boxer (for herself, Mr. Vitter, Mr. Udall of New Mexico, Mr. Tester, Mr. Baucus, Mr. Whitehouse, Mr. Cardin, Mr. Roberts, Mr. Cochran, Ms. Stabenow, Ms. Collins, and Ms. Landrieu) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
June 5, 2014
Reported by Mrs. Boxer, without amendment
A BILL
To reauthorize and amend the National Fish and Wildlife Foundation Establishment Act.
Short title
This Act may be cited as the
National Fish and Wildlife Foundation
Reauthorization Act of 2013
.
Board of directors of the Foundation
In general
Section 3 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3702 ) is amended—
in subsection (b)—
by striking paragraph (2) and inserting the following:
In general
After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall—
be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources; and
represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation.
; and
by striking paragraph (3) and inserting the following:
Terms
Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.
; and
in subsection (g)(2)—
in subparagraph
(A), by striking (A) Officers and employees may not be appointed until
the Foundation has sufficient funds to pay them for their service.
Officers
and inserting the following:
In general
Officers
; and
by striking subparagraph (B) and inserting the following:
Executive Director
The Foundation shall have an Executive Director who shall be—
appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and
knowledgeable and experienced in matters relating to fish and wildlife conservation.
.
Conforming amendment
Section 4(a)(1)(B) of the North American Wetlands
Conservation Act (
16 U.S.C. 4403(a)(1)(B)
) is amended by striking
Secretary of the Board
and inserting Executive Director
of the Board
.
Rights and obligations of the Foundation
Section 4 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3703 ) is amended—
in subsection (c)—
by striking
(c) Powers.—To carry out its purposes under
and inserting the following:
Powers
In general
To carry out the purposes described in
;
by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately;
in subparagraph
(D) (as redesignated by subparagraph (B)), by striking that are insured
by an agency or instrumentality of the United States
and inserting
at 1 or more financial institutions that are members of the Federal
Deposit Insurance Corporation or the Securities Investment Protection
Corporation
;
in subparagraph
(E) (as redesignated by subparagraph (B)), by striking
paragraph (3) or
(4)
and inserting
subparagraph (C) or (D)
;
in subparagraph
(J) (as redesignated by subparagraph (B)), by striking ; and
and
inserting a semicolon;
by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following:
to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and
to do any and all acts necessary and proper to carry out the purposes of the Foundation.
; and
by striking the undesignated matter at the end and inserting the following:
Treatment of real property
In general
For purposes of this Act, an interest in real property shall be treated as including 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.
Encumbered real property
A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation.
Savings clause
The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts.
;
by striking subsections (f) and (g); and
by redesignating subsections (h) and (i) as subsections (f) and (g), respectively.
Authorization of appropriations
Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended—
in subsection (a), by striking paragraph (1) and inserting the following:
In general
There are authorized to be appropriated to carry out this Act for each of fiscal years 2014 through 2019—
$15,000,000 to the Secretary of the Interior ;
$5,000,000 to the Secretary of Agriculture ; and
$5,000,000 to the Secretary of Commerce .
;
in subsection (b)—
by striking paragraph (1) and inserting the following:
Amounts from Federal agencies
In general
In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act.
Advances
Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred.
Management fees
The Foundation may assess and collect fees for the management of amounts received under this paragraph.
;
in paragraph (2)—
in
the paragraph heading, by striking
funds
and inserting
amounts
;
by
striking shall be used
and inserting may be used
;
and
by striking
and State and local government agencies
and inserting ,
State and local government agencies, and other entities
; and
by adding at the end the following:
Administration of amounts
In general
In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process of that department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is—
to address an environmental emergency resulting from a natural or other disaster; or
as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources.
Reports
The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.
; and
by adding at the end the following:
Use of gifts, devises, or bequests of money or other property
Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.
.
Limitation on authority
Section 11 of the
National Fish and Wildlife Foundation Establishment Act (
16 U.S.C. 3710
)
is
amended by inserting exclusive
before
authority
.
June 5, 2014
Reported without amendment
