Text: H.R.3671 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-408 (11/01/2000)

 
[106th Congress Public Law 408]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ408.106]


[[Page 1761]]

  FISH AND WILDLIFE PROGRAMS IMPROVEMENT AND NATIONAL WILDLIFE REFUGE 
                      SYSTEM CENTENNIAL ACT OF 2000

[[Page 114 STAT. 1762]]

Public Law 106-408
106th Congress

                                 An Act


 
  To amend the Pittman-Robertson Wildlife Restoration <<NOTE: Nov. 1, 
2000 -  [H.R. 3671]>> Act and the Dingell-Johnson Sport Fish Restoration 
  Act to enhance the funds available for grants to States for fish and 
 wildlife conservation projects, to reauthorize and amend the National 
   Fish and Wildlife Foundation Establishment Act, to commemorate the 
centennial of the establishment of the first national wildlife refuge in 
      the United States on March 14, 1903, and for other purposes.

    Be it enacted by the Senate and House of <<NOTE: Fish and Wildlife 
Programs Improvement and National Wildlife Refuge System Centennial Act 
of 2000.>> Representatives of the United States of America in Congress 
assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 16 USC 669 note.>> Act may be cited 
as the ``Fish and Wildlife Programs Improvement and National Wildlife 
Refuge System Centennial Act of 2000''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

          TITLE I--WILDLIFE AND SPORT FISH RESTORATION PROGRAMS

Sec. 101. Short titles.

                    Subtitle A--Wildlife Restoration

Sec. 111. Expenses for administration.
Sec. 112. Firearm and bow hunter education and safety program grants.
Sec. 113. Multistate conservation grant program.
Sec. 114. Miscellaneous provision.

                   Subtitle B--Sport Fish Restoration

Sec. 121. Expenses for administration.
Sec. 122. Multistate conservation grant program.
Sec. 123. Funding of the Coastal Wetlands Planning, Protection and 
           Restoration Act.
Sec. 124. Period of availability.
Sec. 125. Miscellaneous provision.
Sec. 126. Conforming amendment.

        Subtitle C--Wildlife and Sport Fish Restoration Programs

Sec. 131. Designation of programs.
Sec. 132. Assistant Director for Wildlife and Sport Fish Restoration 
           Programs.
Sec. 133. Reports and certifications.

             TITLE II--NATIONAL FISH AND WILDLIFE FOUNDATION

Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Board of Directors of the Foundation.
Sec. 204. Rights and obligations of the Foundation.
Sec. 205. Annual reporting of grant details.
Sec. 206. Notice to Members of Congress.
Sec. 207. Authorization of appropriations.
Sec. 208. Limitation on authority.

          TITLE III--NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL

Sec. 301. Short title.

[[Page 114 STAT. 1763]]

Sec. 302. Findings and purposes.
Sec. 303. National Wildlife Refuge System Centennial Commission.
Sec. 304. Long-term planning and annual reporting requirements regarding 
           the 
           operation and maintenance backlog.
Sec. 305. Year of the National Wildlife Refuge.
Sec. 306. Authorization of appropriations.
Sec. 307. Effective date.

 TITLE I--WILDLIFE <<NOTE: Wildlife and Sport Fish Restoration Programs 
Improvement Act of 2000.>> AND SPORT FISH RESTORATION PROGRAMS

SEC. 101. <<NOTE: 16 USC 669 note.>> SHORT TITLES.

    (a) This Title.--This title may be cited as the ``Wildlife and Sport 
Fish Restoration Programs Improvement Act of 2000''.
    (b) Pittman-Robertson Wildlife Restoration Act.--The Act of 
September 2, 1937 (16 U.S.C. 669 et seq.), is amended by adding at the 
end the following:

``SEC. 13. <<NOTE: 16 USC 669 note.>> SHORT TITLE.

    ``This Act may be cited as the `Pittman-Robertson Wildlife 
Restoration Act'.''.
    (c) Dingell-Johnson Sport Fish Restoration Act.--The Act of August 
9, 1950 (16 U.S.C. 777 et seq.), is amended by adding at the end the 
following:

``SEC. 15. <<NOTE: 16 USC 777 note.>> SHORT TITLE.

    ``This Act may be cited as the `Dingell-Johnson Sport Fish 
Restoration Act'.''.

                    Subtitle A--Wildlife Restoration

SEC. 111. EXPENSES FOR ADMINISTRATION.

    (a) Set-Aside for Expenses for Administration of the Pittman-
Robertson Wildlife Restoration Act.--Section 4 of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669c) is amended--
            (1) by redesignating subsection (b) as subsection (c);
            (2) by striking ``Sec. 4.'' and all that follows through the 
        end of the first sentence of subsection (a) and inserting the 
        following:

``SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.

    ``(a) Set-Aside for Expenses for Administration of the Pittman-
Robertson Wildlife Restoration Act.--
            ``(1) In general.--
                    ``(A) Set-aside.--For fiscal year 2001 and each 
                fiscal year thereafter, of the revenues (excluding 
                interest accruing under section 3(b)) covered into the 
                fund for the fiscal year, the Secretary of the Interior 
                may use not more than the available amount specified in 
                subparagraph (B) for the fiscal year for expenses for 
                administration incurred in implementation of this Act, 
                in accordance with this subsection and section 9.
                    ``(B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          ``(i) for each of fiscal years 2001 and 2002, 
                      $9,000,000;

[[Page 114 STAT. 1764]]

                          ``(ii) for fiscal year 2003, $8,212,000; and
                          ``(iii) for fiscal year 2004 and each fiscal 
                      year thereafter, the sum of--
                                    ``(I) the available amount for the 
                                preceding fiscal year; and
                                    ``(II) the amount determined by 
                                multiplying--
                                            ``(aa) the available amount 
                                        for the preceding fiscal year; 
                                        and
                                            ``(bb) the change, relative 
                                        to the preceding fiscal year, in 
                                        the Consumer Price Index for All 
                                        Urban Consumers published by the 
                                        Department of Labor.
            ``(2) Period of availability; apportionment of unobligated 
        amounts.--
                    ``(A) Period of availability.--For each fiscal year, 
                the available amount under paragraph (1) shall remain 
                available for obligation for use under that paragraph 
                until the end of the fiscal year.
                    ``(B) Apportionment <<NOTE: Deadline.>> of 
                unobligated amounts.--Not later than 60 days after the 
                end of a fiscal year, the Secretary of the Interior 
                shall apportion among the States any of the available 
                amount under paragraph (1) that remains unobligated at 
                the end of the fiscal year, on the same basis and in the 
                same manner as other amounts made available under this 
                Act are apportioned among the States for the fiscal 
                year.

    ``(b) Apportionment to States.--'';
            (3) in subsection (b) (as designated by paragraph (2)), by 
        striking ``after making the aforesaid deduction, shall 
        apportion, except as provided in subsection (b) of this 
        section,'' and inserting ``after deducting the available amount 
        under subsection (a), the amount apportioned under subsection 
        (c), any amount apportioned under section 8A, and amounts 
        provided as grants under sections 10 and 11, shall apportion''; 
        and
            (4) in the first sentence of subsection (c) (as redesignated 
        by paragraph (1)), by inserting ``Puerto Rico,'' after 
        ``American Samoa,''.

    (b) Requirements and Restrictions Concerning Use of Amounts for 
Expenses for Administration.--Section 9 of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669h) is amended to read as follows:

``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR 
            EXPENSES FOR ADMINISTRATION.

    ``(a) Authorized Expenses for Administration.--Except as provided in 
subsection (b), the Secretary of the Interior may use available amounts 
under section 4(a)(1) only for expenses for administration that directly 
support the implementation of this Act that consist of--
            ``(1) personnel costs of employees who directly administer 
        this Act on a full-time basis;
            ``(2) personnel costs of employees who directly administer 
        this Act on a part-time basis for at least 20 hours each week, 
        not to exceed the portion of those costs incurred with respect 
        to the work hours of the employee during which the employee 
        directly administers this Act, as those hours are certified by 
        the supervisor of the employee;

[[Page 114 STAT. 1765]]

            ``(3) support costs directly associated with personnel costs 
        authorized under paragraphs (1) and (2), excluding costs 
        associated with staffing and operation of regional offices of 
        the United States Fish and Wildlife Service and the Department 
        of the Interior other than for the purposes of this Act;
            ``(4) costs of determining under section 6(a) whether State 
        comprehensive plans and projects are substantial in character 
        and design;
            ``(5) overhead costs, including the costs of general 
        administrative services, that are directly attributable to 
        administration of this Act and are based on--
                    ``(A) actual costs, as determined by a direct cost 
                allocation methodology approved by the Director of the 
                Office of Management and Budget for use by Federal 
                agencies; and
                    ``(B) in the case of costs that are not determinable 
                under subparagraph (A), an amount per full-time 
                equivalent employee authorized under paragraphs (1) and 
                (2) that does not exceed the amount charged or assessed 
                for costs per full-time equivalent employee for any 
                other division or program of the United States Fish and 
                Wildlife Service;
            ``(6) costs incurred in auditing, every 5 years, the 
        wildlife and sport fish activities of each State fish and game 
        department and the use of funds under section 6 by each State 
        fish and game department;
            ``(7) costs of audits under subsection (d);
            ``(8) costs of necessary training of Federal and State full-
        time personnel who administer this Act to improve administration 
        of this Act;
            ``(9) costs of travel to States, territories, and Canada by 
        personnel who--
                    ``(A) administer this Act on a full-time basis for 
                purposes directly related to administration of State 
                programs or projects; or
                    ``(B) administer grants under section 6, 10, or 11;
            ``(10) costs of travel outside the United States (except 
        travel to Canada), by personnel who administer this Act on a 
        full-time basis, for purposes that directly relate to 
        administration of this Act and that are approved directly by the 
        Assistant Secretary for Fish and Wildlife and Parks;
            ``(11) relocation expenses for personnel who, after 
        relocation, will administer this Act on a full-time basis for at 
        least 1 year, as certified by the Director of the United States 
        Fish and Wildlife Service at the time at which the relocation 
        expenses are incurred; and
            ``(12) costs to audit, evaluate, approve, disapprove, and 
        advise concerning grants under sections 6, 10, and 11.

    ``(b) Reporting of Other Uses.--
            ``(1) In general.--Subject to paragraph (2), if the 
        Secretary of the Interior determines that available amounts 
        under section 4(a)(1) should be used for an expense for 
        administration other than an expense for administration 
        described in subsection (a), the Secretary--
                    ``(A) shall submit to the Committee on Environment 
                and Public Works of the Senate and the Committee on 
                Resources of the House of Representatives a report

[[Page 114 STAT. 1766]]

                describing the expense for administration and stating 
                the amount of the expense; and
                    ``(B) may use any such available amounts for the 
                expense for administration only after the end of the 30-
                day period beginning on the date of submission of the 
                report under subparagraph (A).
            ``(2) Maximum amount.--For any fiscal year, the Secretary of 
        the Interior may use under paragraph (1) not more than $25,000.

    ``(c) Restriction on Use To Supplement General Appropriations.--The 
Secretary of the Interior shall not use available amounts under 
subsection (b) to supplement the funding of any function for which 
general appropriations are made for the United States Fish and Wildlife 
Service or any other entity of the Department of the Interior.
    ``(d) Audit Requirement.--
            ``(1) In general.--The Inspector General of the Department 
        of the Interior shall procure the performance of biennial 
        audits, in accordance with generally accepted accounting 
        principles, of expenditures and obligations of amounts used by 
        the Secretary of the Interior for expenses for administration 
        incurred in implementation of this Act.
            ``(2) Auditor.--
                    ``(A) In general.--An audit under this subsection 
                shall be performed under a contract that is awarded 
                under competitive procedures (as defined in section 4 of 
                the Office of Federal Procurement Policy Act (41 U.S.C. 
                403)) by a person or entity that is not associated in 
                any way with the Department of the Interior (except by 
                way of a contract for the performance of an audit or 
                other review).
                    ``(B) Supervision of auditor.--The auditor selected 
                under subparagraph (A) shall report to, and be 
                supervised by, the Inspector General of the Department 
                of the Interior, except that the auditor shall submit a 
                copy of the biennial audit findings to the Secretary of 
                the Interior at the time at which the findings are 
                submitted to the Inspector General of the Department of 
                the Interior.
            ``(3) Report to congress.--The Inspector General of the 
        Department of the Interior shall promptly submit to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate--
                    ``(A) a report on the results of each audit under 
                this subsection; and
                    ``(B) a copy of each audit under this subsection.''.

    (c) Conforming Amendment.--Section 8(b) of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended in the first 
sentence by striking ``section 4(b) of this Act'' and inserting 
``section 4(c)''.

SEC. 112. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.

    The Pittman-Robertson Wildlife Restoration Act is amended--
            (1) by redesignating section 10 (16 U.S.C. 669i) as section 
        12; and
            (2) by inserting after section 9 (16 U.S.C. 669h) the 
        following:

[[Page 114 STAT. 1767]]

``SEC. 10. <<NOTE: 16 USC 669h-1.>> FIREARM AND BOW HUNTER EDUCATION AND 
            SAFETY PROGRAM GRANTS.

    ``(a) In General.--
            ``(1) Grants.--Of the revenues covered into the fund, 
        $7,500,000 for each of fiscal years 2001 and 2002, and 
        $8,000,000 for fiscal year 2003 and each fiscal year thereafter, 
        shall be apportioned among the States in the manner specified in 
        section 4(c) by the Secretary of the Interior and used to make 
        grants to the States to be used for--
                    ``(A) in the case of a State that has not used all 
                of the funds apportioned to the State under section 4(c) 
                for the fiscal year in the manner described in section 
                8(b)--
                          ``(i) the enhancement of hunter education 
                      programs, hunter and sporting firearm safety 
                      programs, and hunter development programs;
                          ``(ii) the enhancement of interstate 
                      coordination and development of hunter education 
                      and shooting range programs;
                          ``(iii) the enhancement of bow hunter and 
                      archery education, safety, and development 
                      programs; and
                          ``(iv) the enhancement of construction or 
                      development of firearm shooting ranges and archery 
                      ranges, and the updating of safety features of 
                      firearm shooting ranges and archery ranges; and
                    ``(B) in the case of a State that has used all of 
                the funds apportioned to the State under section 4(c) 
                for the fiscal year in the manner described in section 
                8(b), any use authorized by this Act (including hunter 
                safety programs and the construction, operation, and 
                maintenance of public target ranges).
            ``(2) Limitation on use.--Under paragraph (1), a State shall 
        not be required to use more than the amount described in section 
        8(b) for hunter safety programs and the construction, operation, 
        and maintenance of public target ranges.

    ``(b) Cost Sharing.--The Federal share of the cost of any activity 
carried out with a grant under this section shall not exceed 75 percent 
of the total cost of the activity.
    ``(c) Period of Availability; Reapportionment.--
            ``(1) Period of availability.--Amounts made available and 
        apportioned for grants under this section shall remain available 
        only for the fiscal year for which the amounts are apportioned.
            ``(2) Reapportionment.--At the end of the period of 
        availability under paragraph (1), the Secretary of the Interior 
        shall apportion amounts made available that have not been used 
        to make grants under this section among the States described in 
        subsection (a)(1)(B) for use by those States in accordance with 
        this Act.''.

SEC. 113. MULTISTATE CONSERVATION GRANT PROGRAM.

    The Pittman-Robertson Wildlife Restoration Act (as amended by 
section 112) is amended by inserting after section 10 the following:

``SEC. 11. <<NOTE: 16 USC 669h-2.>> MULTISTATE CONSERVATION GRANT 
            PROGRAM.

    ``(a) In General.--
            ``(1) Amount for grants.--Not more than $3,000,000 of the 
        revenues covered into the fund for a fiscal year shall be

[[Page 114 STAT. 1768]]

        available to the Secretary of the Interior for making multistate 
        conservation project grants in accordance with this section.
            ``(2) Period of availability; apportionment.--
                    ``(A) Period of availability.--Amounts made 
                available under paragraph (1) shall remain available for 
                making grants only for the first fiscal year for which 
                the amount is made available and the following fiscal 
                year.
                    ``(B) Apportionment.--At the end of the period of 
                availability under subparagraph (A), the Secretary of 
                the Interior shall apportion any amounts that remain 
                available among the States in the manner specified in 
                section 4(b) for use by the States in the same manner as 
                funds apportioned under section 4(b).

    ``(b) Selection of Projects.--
            ``(1) States or entities to be benefited.--A project shall 
        not be eligible for a grant under this section unless the 
        project will benefit--
                    ``(A) at least 26 States;
                    ``(B) a majority of the States in a region of the 
                United States Fish and Wildlife Service; or
                    ``(C) a regional association of State fish and game 
                departments.
            ``(2) Use of submitted priority list of projects.--The 
        Secretary of the Interior may make grants under this section 
        only for projects identified on a priority list of wildlife 
        restoration projects described in paragraph (3).
            ``(3) Priority list of projects.--A priority list referred 
        to in paragraph (2) is a priority list of wildlife restoration 
        projects that the International Association of Fish and Wildlife 
        Agencies--
                    ``(A) prepares through a committee comprised of the 
                heads of State fish and game departments (or their 
                designees), in consultation with--
                          ``(i) nongovernmental organizations that 
                      represent conservation organizations;
                          ``(ii) sportsmen organizations; and
                          ``(iii) industries that support or promote 
                      hunting, trapping, recreational shooting, bow 
                      hunting, or archery;
                    ``(B) approves by vote of a majority of the heads of 
                State fish and game departments (or their designees); 
                and
                    ``(C) not later than October 1 of each fiscal year, 
                submits to the Assistant Director for Wildlife and Sport 
                Fish Restoration Programs.
            ``(4) Publication.--The Assistant <<NOTE: Federal Register, 
        publication.>> Director for Wildlife and Sport Fish Restoration 
        Programs shall publish in the Federal Register each priority 
        list submitted under paragraph (3)(C).

    ``(c) Eligible Grantees.--
            ``(1) In general.--The Secretary of the Interior may make a 
        grant under this section only to--
                    ``(A) a State or group of States;
                    ``(B) the United States Fish and Wildlife Service, 
                or a State or group of States, for the purpose of 
                carrying out the National Survey of Fishing, Hunting, 
                and Wildlife-Associated Recreation; and
                    ``(C) subject to paragraph (2), a nongovernmental 
                organization.

[[Page 114 STAT. 1769]]

            ``(2) Nongovernmental organizations.--
                    ``(A) In general.--Any nongovernmental organization 
                that applies for a grant under this section shall submit 
                with the application to the International Association of 
                Fish and Wildlife Agencies a certification that the 
                organization--
                          ``(i) will not use the grant funds to fund, in 
                      whole or in part, any activity of the organization 
                      that promotes or encourages opposition to the 
                      regulated hunting or trapping of wildlife; and
                          ``(ii) will use the grant funds in compliance 
                      with subsection (d).
                    ``(B) Penalties for certain activities.--Any 
                nongovernmental organization that is found to use grant 
                funds in violation of subparagraph (A) shall return all 
                funds received under this section and be subject to any 
                other applicable penalties under law.

    ``(d) Use of Grants.--A grant under this section shall not be used, 
in whole or in part, for an activity, project, or program that promotes 
or encourages opposition to the regulated hunting or trapping of 
wildlife.
    ``(e) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any 
activity carried out under this section.''.

SEC. 114. MISCELLANEOUS PROVISION.

    Section 5 of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669d) is amended in the first sentence--
            (1) by inserting ``, at the time at which a deduction or 
        apportionment is made,'' after ``certify''; and
            (2) by striking ``and executing''.

                   Subtitle B--Sport Fish Restoration

SEC. 121. EXPENSES FOR ADMINISTRATION.

    (a) Set-Aside for Expenses for Administration of the Dingell-Johnson 
Sport Fish Restoration Act.--Section 4 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777c) is amended by striking subsection (d) 
and inserting the following:
    ``(d) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
            ``(1) In general.--
                    ``(A) Set-aside.--For fiscal year 2001 and each 
                fiscal year thereafter, of the balance of each such 
                annual appropriation remaining after the distribution 
                and use under subsections (a), (b), and (c) and section 
                14, the Secretary of the Interior may use not more than 
                the available amount specified in subparagraph (B) for 
                the fiscal year for expenses for administration incurred 
                in implementation of this Act, in accordance with this 
                subsection and section 9.
                    ``(B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          ``(i) for each of fiscal years 2001 and 2002, 
                      $9,000,000;
                          ``(ii) for fiscal year 2003, $8,212,000; and

[[Page 114 STAT. 1770]]

                          ``(iii) for fiscal year 2004 and each fiscal 
                      year thereafter, the sum of--
                                    ``(I) the available amount for the 
                                preceding fiscal year; and
                                    ``(II) the amount determined by 
                                multiplying--
                                            ``(aa) the available amount 
                                        for the preceding fiscal year; 
                                        and
                                            ``(bb) the change, relative 
                                        to the preceding fiscal year, in 
                                        the Consumer Price Index for All 
                                        Urban Consumers published by the 
                                        Department of Labor.
            ``(2) Period of availability; apportionment of unobligated 
        amounts.--
                    ``(A) Period of availability.--For each fiscal year, 
                the available amount under paragraph (1) shall remain 
                available for obligation for use under that paragraph 
                until the end of the fiscal year.
                    ``(B) Apportionment 
                of <<NOTE: Deadline.>> unobligated amounts.--Not later 
                than 60 days after the end of a fiscal year, the 
                Secretary of the Interior shall apportion among the 
                States any of the available amount under paragraph (1) 
                that remains unobligated at the end of the fiscal year, 
                on the same basis and in the same manner as other 
                amounts made available under this Act are apportioned 
                among the States under subsection (e) for the fiscal 
                year.''.

    (b) Requirements and Restrictions Concerning Use of Amounts for 
Expenses for Administration.--Section 9 of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777h) is amended to read as follows:

``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR 
            EXPENSES FOR ADMINISTRATION.

    ``(a) Authorized Expenses for Administration.--Except as provided in 
subsection (b), the Secretary of the Interior may use available amounts 
under section 4(d)(1) only for expenses for administration that directly 
support the implementation of this Act that consist of--
            ``(1) personnel costs of employees who directly administer 
        this Act on a full-time basis;
            ``(2) personnel costs of employees who directly administer 
        this Act on a part-time basis for at least 20 hours each week, 
        not to exceed the portion of those costs incurred with respect 
        to the work hours of the employee during which the employee 
        directly administers this Act, as those hours are certified by 
        the supervisor of the employee;
            ``(3) support costs directly associated with personnel costs 
        authorized under paragraphs (1) and (2), excluding costs 
        associated with staffing and operation of regional offices of 
        the United States Fish and Wildlife Service and the Department 
        of the Interior other than for the purposes of this Act;
            ``(4) costs of determining under section 6(a) whether State 
        comprehensive plans and projects are substantial in character 
        and design;
            ``(5) overhead costs, including the costs of general 
        administrative services, that are directly attributable to 
        administration of this Act and are based on--

[[Page 114 STAT. 1771]]

                    ``(A) actual costs, as determined by a direct cost 
                allocation methodology approved by the Director of the 
                Office of Management and Budget for use by Federal 
                agencies; and
                    ``(B) in the case of costs that are not determinable 
                under subparagraph (A), an amount per full-time 
                equivalent employee authorized under paragraphs (1) and 
                (2) that does not exceed the amount charged or assessed 
                for costs per full-time equivalent employee for any 
                other division or program of the United States Fish and 
                Wildlife Service;
            ``(6) costs incurred in auditing, every 5 years, the 
        wildlife and sport fish activities of each State fish and game 
        department and the use of funds under section 6 by each State 
        fish and game department;
            ``(7) costs of audits under subsection (d);
            ``(8) costs of necessary training of Federal and State full-
        time personnel who administer this Act to improve administration 
        of this Act;
            ``(9) costs of travel to States, territories, and Canada by 
        personnel who--
                    ``(A) administer this Act on a full-time basis for 
                purposes directly related to administration of State 
                programs or projects; or
                    ``(B) administer grants under section 6 or 14;
            ``(10) costs of travel outside the United States (except 
        travel to Canada), by personnel who administer this Act on a 
        full-time basis, for purposes that directly relate to 
        administration of this Act and that are approved directly by the 
        Assistant Secretary for Fish and Wildlife and Parks;
            ``(11) relocation expenses for personnel who, after 
        relocation, will administer this Act on a full-time basis for at 
        least 1 year, as certified by the Director of the United States 
        Fish and Wildlife Service at the time at which the relocation 
        expenses are incurred; and
            ``(12) costs to audit, evaluate, approve, disapprove, and 
        advise concerning grants under sections 6 and 14.

    ``(b) Reporting of Other Uses.--
            ``(1) In general.--Subject to paragraph (2), if the 
        Secretary of the Interior determines that available amounts 
        under section 4(d)(1) should be used for an expense for 
        administration other than an expense for administration 
        described in subsection (a), the Secretary--
                    ``(A) shall <<NOTE: Reports.>> submit to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Resources of the House of 
                Representatives a report describing the expense for 
                administration and stating the amount of the expense; 
                and
                    ``(B) may use any such available amounts for the 
                expense for administration only after the end of the 30-
                day period beginning on the date of submission of the 
                report under subparagraph (A).
            ``(2) Maximum amount.--For any fiscal year, the Secretary of 
        the Interior may use under paragraph (1) not more than $25,000.

    ``(c) Restriction on Use To Supplement General Appropriations.--The 
Secretary of the Interior shall not use available

[[Page 114 STAT. 1772]]

amounts under subsection (b) to supplement the funding of any function 
for which general appropriations are made for the United States Fish and 
Wildlife Service or any other entity of the Department of the Interior.
    ``(d) Audit Requirement.--
            ``(1) In general.--The Inspector General of the Department 
        of the Interior shall procure the performance of biennial 
        audits, in accordance with generally accepted accounting 
        principles, of expenditures and obligations of amounts used by 
        the Secretary of the Interior for expenses for administration 
        incurred in implementation of this Act.
            ``(2) Auditor.--
                    ``(A) In general.--An audit under this subsection 
                shall be performed under a contract that is awarded 
                under competitive procedures (as defined in section 4 of 
                the Office of Federal Procurement Policy Act (41 U.S.C. 
                403)) by a person or entity that is not associated in 
                any way with the Department of the Interior (except by 
                way of a contract for the performance of an audit or 
                other review).
                    ``(B) Supervision of auditor.--The auditor selected 
                under subparagraph (A) shall report to, and be 
                supervised by, the Inspector General of the Department 
                of the Interior, except that the auditor shall submit a 
                copy of the biennial audit findings to the Secretary of 
                the Interior at the time at which the findings are 
                submitted to the Inspector General of the Department of 
                the Interior.
            ``(3) Report to congress.--The Inspector General of the 
        Department of the Interior shall promptly submit to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate--
                    ``(A) a report on the results of each audit under 
                this subsection; and
                    ``(B) a copy of each audit under this subsection.''.

    (c) Expenses for Administration of Certain Programs.--Section 4 of 
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is 
amended by adding at the end the following:
    ``(g) Expenses for Administration of Certain Programs.--
            ``(1) In general.--For each fiscal year, of the amounts 
        appropriated under section 3, the Secretary of the Interior 
        shall use only funds authorized for use under subsections (a), 
        (b)(3)(A), (b)(3)(B), and (c) to pay the expenses for 
        administration incurred in carrying out the provisions of law 
        referred to in those subsections, respectively.
            ``(2) Maximum amount.--For each fiscal year, the Secretary 
        of the Interior may use not more than $900,000 in accordance 
        with paragraph (1).''.

SEC. 122. MULTISTATE CONSERVATION GRANT PROGRAM.

    (a) Establishment of Program.--The Dingell-Johnson Sport Fish 
Restoration Act is amended--
            (1) by striking the section 13 relating to effective date 
        (16 U.S.C. 777 note) and inserting the following:

``SEC. 14. <<NOTE: 16 USC 777m.>> MULTISTATE CONSERVATION GRANT PROGRAM.

    ``(a) In General.--
            ``(1) Amount for grants.--Of the balance of each annual 
        appropriation made under section 3 remaining after the 
        distribution and use under subsections (a), (b), and (c) of 
        section

[[Page 114 STAT. 1773]]

        4 in a fiscal year, not more than $3,000,000 shall be available 
        to the Secretary of the Interior for making multistate 
        conservation project grants in accordance with this section.
            ``(2) Period of availability; apportionment.--
                    ``(A) Period of availability.--Amounts made 
                available under paragraph (1) shall remain available for 
                making grants only for the first fiscal year for which 
                the amount is made available and the following fiscal 
                year.
                    ``(B) Apportionment.--At the end of the period of 
                availability under subparagraph (A), the Secretary of 
                the Interior shall apportion any amounts that remain 
                available among the States in the manner specified in 
                section 4(e) for use by the States in the same manner as 
                funds apportioned under section 4(e).

    ``(b) Selection of Projects.--
            ``(1) States or entities to be benefited.--A project shall 
        not be eligible for a grant under this section unless the 
        project will benefit--
                    ``(A) at least 26 States;
                    ``(B) a majority of the States in a region of the 
                United States Fish and Wildlife Service; or
                    ``(C) a regional association of State fish and game 
                departments.
            ``(2) Use of submitted priority list of projects.--The 
        Secretary of the Interior may make grants under this section 
        only for projects identified on a priority list of sport fish 
        restoration projects described in paragraph (3).
            ``(3) Priority list of projects.--A priority list referred 
        to in paragraph (2) is a priority list of sport fish restoration 
        projects that the International Association of Fish and Wildlife 
        Agencies--
                    ``(A) prepares through a committee comprised of the 
                heads of State fish and game departments (or their 
                designees), in consultation with--
                          ``(i) nongovernmental organizations that 
                      represent conservation organizations;
                          ``(ii) sportsmen organizations; and
                          ``(iii) industries that fund the sport fish 
                      restoration programs under this Act;
                    ``(B) approves by vote of a majority of the heads of 
                State fish and game departments (or their designees); 
                and
                    ``(C) not later than October 1 of each fiscal year, 
                submits to the Assistant Director for Wildlife and Sport 
                Fish Restoration Programs.
            ``(4) Publication.--The Assistant <<NOTE: Federal Register, 
        publication.>> Director for Wildlife and Sport Fish Restoration 
        Programs shall publish in the Federal Register each priority 
        list submitted under paragraph (3)(C).

    ``(c) Eligible Grantees.--
            ``(1) In general.--The Secretary of the Interior may make a 
        grant under this section only to--
                    ``(A) a State or group of States;
                    ``(B) the United States Fish and Wildlife Service, 
                or a State or group of States, for the purpose of 
                carrying out the National Survey of Fishing, Hunting, 
                and Wildlife-Associated Recreation; and
                    ``(C) subject to paragraph (2), a nongovernmental 
                organization.

[[Page 114 STAT. 1774]]

            ``(2) Nongovernmental organizations.--
                    ``(A) In general.--Any nongovernmental organization 
                that applies for a grant under this section shall submit 
                with the application to the International Association of 
                Fish and Wildlife Agencies a certification that the 
                organization--
                          ``(i) will not use the grant funds to fund, in 
                      whole or in part, any activity of the organization 
                      that promotes or encourages opposition to the 
                      regulated taking of fish; and
                          ``(ii) will use the grant funds in compliance 
                      with subsection (d).
                    ``(B) Penalties for certain activities.--Any 
                nongovernmental organization that is found to use grant 
                funds in violation of subparagraph (A) shall return all 
                funds received under this section and be subject to any 
                other applicable penalties under law.

    ``(d) Use of Grants.--A grant under this section shall not be used, 
in whole or in part, for an activity, project, or program that promotes 
or encourages opposition to the regulated taking of fish.
    ``(e) Funding for Other Activities.--Of the balance of each annual 
appropriation made under section 3 remaining after the distribution and 
use under subsections (a), (b), and (c) of section 4 for each fiscal 
year and after deducting amounts used for grants under subsection (a)--
            ``(1) $200,000 shall be made available for each of--
                    ``(A) the Atlantic States Marine Fisheries 
                Commission;
                    ``(B) the Gulf States Marine Fisheries Commission;
                    ``(C) the Pacific States Marine Fisheries 
                Commission; and
                    ``(D) the Great Lakes Fisheries Commission; and
            ``(2) $400,000 shall be made available for the Sport Fishing 
        and Boating Partnership Council established by the United States 
        Fish and Wildlife Service.

    ``(f ) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any 
activity carried out under this section.''; and
            (2) by moving that section to appear after the section 13 
        relating to State use of contributions (16 U.S.C. 777l).

    (b) Conforming Amendment.--Section 4(e) of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777c(e)) is amended in the first 
sentence by inserting ``and after deducting amounts used for grants 
under section 14,'' after ``respectively,''.

SEC. 123. FUNDING OF THE COASTAL WETLANDS PLANNING, PROTECTION AND 
            RESTORATION ACT.

    Section 4(a) of the Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777c(a)) is amended in the second sentence by striking ``2000'' 
and inserting ``2009''.

SEC. 124. PERIOD OF AVAILABILITY.

    Section 4(f ) of the Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777c(f )) is amended in the first sentence by striking ``, and if 
'' and all that follows through ``recreation''.

[[Page 114 STAT. 1775]]

SEC. 125. MISCELLANEOUS PROVISION.

    Section 5 of the Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777d) is amended--
            (1) by inserting ``, at the time at which a deduction or 
        apportionment is made,'' after ``certify''; and
            (2) by striking ``and executing''.

SEC. 126. CONFORMING AMENDMENT.

    Section <<NOTE: 26 USC 9504.>> 9504(b)(2)(A) of the Internal Revenue 
Code of 1986 is amended by striking ``(as in effect on the date of the 
enactment of the TEA 21 Restoration Act)'' and inserting ``(as in effect 
on the date of the enactment of the Wildlife and Sport Fish Restoration 
Programs Improvement Act of 2000)''.

        Subtitle C--Wildlife and Sport Fish Restoration Programs

SEC. 131. <<NOTE: 16 USC 669 note.>> DESIGNATION OF PROGRAMS.

    The programs established under the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777 et seq.) shall be known as the 
``Federal Assistance Program for State Wildlife and Sport Fish 
Restoration''.

SEC. 132. <<NOTE: 16 USC 742b-1.>> ASSISTANT DIRECTOR FOR WILDLIFE AND 
            SPORT FISH RESTORATION PROGRAMS.

    (a) Establishment.--There is established in the United States Fish 
and Wildlife Service of the Department of the Interior the position of 
Assistant Director for Wildlife and Sport Fish Restoration Programs.
    (b) Superior.--The Assistant Director for Wildlife and Sport Fish 
Restoration Programs shall report directly to the Director of the United 
States Fish and Wildlife Service.
    (c) Responsibilities.--The Assistant Director for Wildlife and Sport 
Fish Restoration Programs shall be responsible for the administration, 
management, and oversight of the Federal Assistance Program for State 
Wildlife and Sport Fish Restoration under the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777 et seq.).

SEC. 133. <<NOTE: 16 USC 669k.>> REPORTS AND CERTIFICATIONS.

    (a) Implementation Report.--
            (1) In general.--At the time at which the President submits 
        to Congress a budget request for the Department of the Interior 
        for fiscal year 2002, the Secretary of the Interior shall submit 
        to the Committee on Resources of the House of Representatives 
        and the Committee on Environment and Public Works of the Senate 
        a report on the steps that have been taken to comply with this 
        title and the amendments made by this title.
            (2) Contents.--The report under paragraph (1) shall 
        describe--
                    (A) the extent to which compliance with this title 
                and the amendments made by this title has required a 
                reduction in the number of personnel assigned to 
                administer, manage,

[[Page 114 STAT. 1776]]

                and oversee the Federal Assistance Program for State 
                Wildlife and Sport Fish Restoration;
                    (B) any revisions to this title or the amendments 
                made by this title that would be desirable in order for 
                the Secretary of the Interior to adequately administer 
                the Program and ensure that funds provided to State 
                agencies are properly used; and
                    (C) any other information concerning the 
                implementation of this title and the amendments made by 
                this title that the Secretary of the Interior considers 
                appropriate.

    (b) Projected Spending Report.--At the time at which the President 
submits a budget request for the Department of the Interior for fiscal 
year 2002 and each fiscal year thereafter, the Secretary of the Interior 
shall report in writing to the Committee on Resources of the House of 
Representatives and the Committee on Environment and Public Works of the 
Senate the amounts, broken down by category, that are intended to be 
used for the fiscal year under section 4(a)(1) of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669c(a)(1)) and section 4(d)(1) of 
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(d)(1)).
    (c) Spending Certification and Report.--
Not <<NOTE: Deadline.>> later than 60 days after the end of each fiscal 
year, the Secretary of the Interior shall certify and report in writing 
to the Committee on Resources of the House of Representatives and the 
Committee on Environment and Public Works of the Senate--
            (1) the amounts, broken down by category, that were used for 
        the fiscal year under section 4(a)(1) of the Pittman-Robertson 
        Wildlife Restoration Act (16 U.S.C. 669c(a)(1)) and section 
        4(d)(1) of the Dingell-Johnson Sport Fish Restoration Act (16 
        U.S.C. 777c(d)(1));
            (2) the amounts apportioned to States for the fiscal year 
        under section 4(a)(2) of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669c(a)(2)) and section 4(d)(2)(A) of 
        the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 
        777c(d)(2)(A));
            (3) the results of the audits performed under section 9(d) 
        of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
        669h(d) and section 9(d) of the Dingell-Johnson Sport Fish 
        Restoration Act (16 U.S.C. 777h(d));
            (4) that all amounts used for the fiscal year under section 
        4(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16 
        U.S.C. 669c(a)(1)) and section 4(d)(1) of the Dingell-Johnson 
        Sport Fish Restoration Act (16 U.S.C. 777c(d)(1)) were necessary 
        for expenses for administration incurred in implementation of 
        those Acts;
            (5) that all amounts used for the fiscal year to administer 
        those Acts by agency headquarters and by regional offices of the 
        United States Fish and Wildlife Service were used in accordance 
        with those Acts; and
            (6) that the Secretary of the Interior, the Assistant 
        Secretary for Fish and Wildlife and Parks, the Director of the 
        United States Fish and Wildlife Service, and the Assistant 
        Director for Wildlife and Sport Fish Restoration Programs each 
        properly discharged their duties under those Acts.

    (d) Certifications by States.--

[[Page 114 STAT. 1777]]

            (1) In general.--Not later than <<NOTE: Deadline.>> 60 days 
        after the end of each fiscal year, each State that received 
        amounts apportioned under the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669 et seq.) or the Dingell-Johnson 
        Sport Fish Restoration Act (16 U.S.C. 777 et seq.) for the 
        fiscal year shall certify to the Secretary of the Interior in 
        writing that the amounts were expended by the State in 
        accordance with each of those Acts.
            (2) Transmission to congress.--Not <<NOTE: Deadline.>> later 
        than December 31 of a fiscal year, the Secretary of the Interior 
        shall transmit all certifications under paragraph (1) for the 
        previous fiscal year to the Committee on Resources of the House 
        of Representatives and the Committee on Environment and Public 
        Works of the Senate.

    (e) Limitation on Delegation.--The Secretary of the Interior shall 
not delegate the responsibility for making a certification under 
subsection (c) to any person except the Assistant Secretary for Fish and 
Wildlife and Parks.

    TITLE II--NATIONAL <<NOTE: National Fish and Wildlife Foundation 
Establishment Act Amendments of 2000.>> FISH AND WILDLIFE FOUNDATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Fish and Wildlife 
Foundation Establishment Act Amendments of 2000''.

SEC. 202. PURPOSES.

    Section 2(b) of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph 
(1) and inserting the following:
            ``(1) to encourage, accept, and administer private gifts of 
        property for the benefit of, or in connection with, the 
        activities and services of the United States Fish and Wildlife 
        Service and the National Oceanic and Atmospheric Administration, 
        to further the conservation and management of fish, wildlife, 
        plants, and other natural resources;''.

SEC. 203. BOARD OF DIRECTORS OF THE FOUNDATION.

    (a) Establishment and Membership.--Section 3 of the National Fish 
and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by 
striking subsection (a) and inserting the following:
    ``(a) Establishment and Membership.--
            ``(1) In general.--The Foundation shall have a governing 
        Board of Directors (referred to in this Act as the `Board'), 
        which shall consist of 25 Directors appointed in accordance with 
        subsection (b), each of whom shall be a United States citizen.
            ``(2) Representation of diverse points of view.--To the 
        maximum extent practicable, the membership of the Board shall 
        represent diverse points of view relating to conservation and 
        management of fish, wildlife, plants, and other natural 
        resources.
            ``(3) Not federal employees.--Appointment as a Director of 
        the Foundation shall not constitute employment by, or the

[[Page 114 STAT. 1778]]

        holding of an office of, the United States for the purpose of 
        any Federal law.''.

    (b) Appointment and Terms.--Section 3 of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Appointment and Terms.--
            ``(1) Agency heads.--The Director of the United States Fish 
        and Wildlife Service and the Under Secretary of Commerce for 
        Oceans and Atmosphere shall be Directors of the Foundation.
            ``(2) Appointments by the secretary of the interior.--
                    ``(A) In general.--Subject to subparagraph (B), 
                after consulting with the Secretary of Commerce and 
                considering the recommendations submitted by the Board, 
                the Secretary of the Interior shall appoint 23 Directors 
                who meet the criteria established by subsection (a), of 
                whom--
                          ``(i) at least six shall be educated or 
                      experienced in fish, wildlife, or other natural 
                      resource conservation;
                          ``(ii) at least four shall be educated or 
                      experienced in the principles of fish, wildlife, 
                      or other natural resource management; and
                          ``(iii) at least four shall be educated or 
                      experienced in ocean and coastal resource 
                      conservation.
                    ``(B) Transition provision.--
                          ``(i) Continuation of terms.--The 15 Directors 
                      serving on the Board as of the date of the 
                      enactment of this paragraph shall continue to 
                      serve until the expiration of their terms.
                          ``(ii) New directors.--Subject to paragraph 
                      (3), the Secretary of the Interior shall appoint 
                      eight new Directors.
            ``(3) Terms.--
                    ``(A) In general.--Subject to subparagraph (B), each 
                Director (other than a Director described in paragraph 
                (1)) shall be appointed for a term of 6 years.
                    ``(B) Initial appointments to new member 
                positions.--Of the Directors appointed by the Secretary 
                of the Interior under paragraph (2)(B)(ii), the 
                Secretary shall appoint, in fiscal year 2001, three 
                Directors for a term of 6 years.
                    ``(C) Subsequent appointments to new member 
                positions.--Of the Directors appointed by the Secretary 
                of the Interior under paragraph (2)(B)(ii), the 
                Secretary shall appoint, in fiscal year 2002--
                          ``(i) two Directors for a term of 2 years; and
                          ``(ii) three Directors for a term of 4 years.
            ``(4) Vacancies.--
                    ``(A) In general.--The Secretary of the Interior 
                shall fill a vacancy on the Board.
                    ``(B) Term of appointments to fill unexpired 
                terms.--An individual appointed to fill a vacancy that 
                occurs before the expiration of the term of a Director 
                shall be appointed for the remainder of the term.
            ``(5) Reappointment.--An individual (other than an 
        individual described in paragraph (1)) shall not serve more than 
        2 consecutive terms as a Director, excluding any term of less 
        than 6 years.

[[Page 114 STAT. 1779]]

            ``(6) Request for removal.--The executive committee of the 
        Board may submit to the Secretary of the Interior a letter 
        describing the nonperformance of a Director and requesting the 
        removal of the Director from the Board.
            ``(7) Consultation before removal.--Before removing any 
        Director from the Board, the Secretary of the Interior shall 
        consult with the Secretary of Commerce.''.

    (c) Technical Amendments.--
            (1) Section 4(c)(5) of the National Fish and Wildlife 
        Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended 
        by striking ``Directors of the Board'' and inserting ``Directors 
        of the Foundation''.
            (2) Section 6 of the National Fish and Wildlife Foundation 
        Establishment Act (16 U.S.C. 3705) is amended--
                    (A) by striking ``Secretary'' and inserting 
                ``Secretary of the Interior or the Secretary of 
                Commerce''; and
                    (B) by inserting ``or the Department of Commerce'' 
                after ``Department of the Interior''.

SEC. 204. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

    (a) Principal Office of the Foundation.--Section 4(a)(3) of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703(a)(3)) is amended by inserting after ``the District of Columbia'' 
the following: ``or in a county in the State of Maryland or Virginia 
that borders on the District of Columbia''.
    (b) Investment and Deposit of Federal Funds.--Section 4(c) of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703(c)) is amended--
            (1) by redesignating paragraphs (3) through (7) as 
        paragraphs (7) through (11), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) to invest any funds provided to the Foundation by the 
        Federal Government in obligations of the United States or in 
        obligations or securities that are guaranteed or insured by the 
        United States;
            ``(4) to deposit any funds provided to the Foundation by the 
        Federal Government into accounts that are insured by an agency 
        or instrumentality of the United States;
            ``(5) to make use of any interest or investment income that 
        accrues as a consequence of actions taken under paragraph (3) or 
        (4) to carry out the purposes of the Foundation;
            ``(6) to use Federal funds to make payments under 
        cooperative agreements entered into with willing private 
        landowners to provide substantial long-term benefits for the 
        restoration or enhancement of fish, wildlife, plants, and other 
        natural resources on private land;''.

    (c) Agency Approval of Acquisitions of Property.--Section 4(e)(1) of 
the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703(e)(1)) is amended by striking subparagraph (B) and inserting the 
following:
            ``(B) the Foundation notifies the Federal agency that 
        administers the program under which the funds were provided of 
        the proposed acquisition, and the agency does not object in 
        writing to the proposed acquisition within 60 calendar days 
        after the date of the notification.''.

    (d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703 note) 
is repealed.

[[Page 114 STAT. 1780]]

    (e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B) 
of the National Fish and Wildlife Foundation Establishment Act (16 
U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting 
the following:
            ``(ii) the <<NOTE: Deadline.>> Foundation notifies the 
        Federal agency that administers the Federal program under which 
        the funds were provided of the proposed conveyance or provision 
        of Federal funds, and the agency does not object in writing to 
        the proposed conveyance or provision of Federal funds within 60 
        calendar days after the date of the notification.''.

    (f ) Reconveyance of Real Property.--Section 4(e) of the National 
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is 
amended by striking paragraph (5) and inserting the following:
            ``(5) Reconveyance of real property.--
        The <<NOTE: Deadline.>> Foundation shall convey at not less than 
        fair market value any real property acquired by the Foundation 
        in whole or in part with Federal funds if the Foundation 
        notifies the Federal agency that administers the Federal program 
        under which the funds were provided, and the agency does not 
        disagree within 60 calendar days after the date of the 
        notification, that--
                    ``(A) the property is no longer valuable for the 
                purpose of conservation or management of fish, wildlife, 
                plants, and other natural resources; and
                    ``(B) the purposes of the Foundation would be better 
                served by use of the proceeds of the conveyance for 
                other authorized activities of the Foundation.''.

    (g) Expenditures for Printing Services or Capital Equipment.--
Section 4 of the National Fish and Wildlife Foundation Establishment Act 
(16 U.S.C. 3703) is amended by adding at the end the following:
    ``(h) Expenditures for Printing Services or Capital Equipment.--The 
Foundation shall not make any expenditure of Federal funds in connection 
with any one transaction for printing services or capital equipment that 
is greater than $10,000 unless the expenditure is approved by the 
Federal agency that administers the Federal program under which the 
funds were provided.''.

SEC. 205. ANNUAL REPORTING OF GRANT DETAILS.

    Section 7(b) of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3706(b)) is amended--
            (1) by striking ``Congress'' and inserting ``the Committee 
        on Resources of the House of Representatives and the Committee 
        on Environment and Public Works of the Senate''; and
            (2) by adding at the end the following: ``The report shall 
        include a detailed statement of the recipient, amount, and 
        purpose of each grant made by the Foundation in the fiscal 
        year.''.

SEC. 206. NOTICE TO MEMBERS OF CONGRESS.

    Section 4 of the National Fish and Wildlife Foundation Establishment 
Act (16 U.S.C. 3703) (as amended by section 204(g)) is amended by adding 
at the end the following:
    ``(i) Notice to Members of Congress.--The Foundation shall not make 
a grant of funds unless, by not later than 30 days before the grant is 
made, the Foundation provides notice of the grant to the Member of 
Congress for the congressional district

[[Page 114 STAT. 1781]]

in which the project to be funded with the grant will be carried out.''.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    Section 10 of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3709) is amended by striking subsections 
(a), (b), and (c) and inserting the following:
    ``(a) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this Act for each of fiscal years 2001 through 
        2003--
                    ``(A) $20,000,000 to the Department of the Interior; 
                and
                    ``(B) $5,000,000 to the Department of Commerce.
            ``(2) Requirement of advance payment.--The amount made 
        available for a fiscal year under paragraph (1) shall be 
        provided to the Foundation in an advance payment of the entire 
        amount on October 1, or as soon as practicable thereafter, of 
        the fiscal year.
            ``(3) Use of appropriated funds.--Subject to paragraph (4), 
        amounts made available under paragraph (1) shall be provided to 
        the Foundation for use for matching, on a 1-to-1 basis, 
        contributions (whether in currency, services, or property) made 
        to the Foundation by private persons and State and local 
        government agencies.
            ``(4) Prohibition on use for administrative expenses.--No 
        Federal funds made available under paragraph (1) shall be used 
        by the Foundation for administrative expenses of the Foundation, 
        including for salaries, travel and transportation expenses, and 
        other overhead expenses.

    ``(b) Additional Authorization.--
            ``(1) In general.--In addition to the amounts authorized to 
        be appropriated under subsection (a), the Foundation may accept 
        Federal funds from a Federal agency under any other Federal law 
        for use by the Foundation to further the conservation and 
        management of fish, wildlife, plants, and other natural 
        resources in accordance with the requirements of this Act.
            ``(2) Use of funds accepted from federal agencies.--Federal 
        funds provided to the Foundation under paragraph (1) shall be 
        used by the Foundation for matching, in whole or in part, 
        contributions (whether in currency, services, or property) made 
        to the Foundation by private persons and State and local 
        government agencies.

    ``(c) Prohibition on Use of Grant Amounts for Litigation and 
Lobbying Expenses.--Amounts provided as a grant by the Foundation shall 
not be used for--
            ``(1) any expense related to litigation; or
            ``(2) any activity the purpose of which is to influence 
        legislation pending before Congress.''.

SEC. 208. LIMITATION ON AUTHORITY.

    The National Fish and Wildlife Foundation Establishment Act (16 
U.S.C. 3701 et seq.) is amended by adding at the end the following:

[[Page 114 STAT. 1782]]

``SEC. 11. LIMITATION ON <<NOTE: 16 USC 3710.>> AUTHORITY.

    ``Nothing in this Act authorizes the Foundation to perform any 
function the authority for which is provided to the National Park 
Foundation by Public Law 90-209 (16 U.S.C. 19e et seq.).''.

 TITLE III--NATIONAL <<NOTE: National Wildlife Refuge System Centennial 
Act.>> WILDLIFE REFUGE SYSTEM CENTENNIAL

SEC. 301. <<NOTE: 16 USC 668dd note.>> SHORT TITLE.

    This title may be cited as the ``National Wildlife Refuge System 
Centennial Act''.

SEC. 302. <<NOTE: 16 USC 668dd note.>> FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) President Theodore Roosevelt began the National Wildlife 
        Refuge System by establishing the first refuge at Pelican 
        Island, Florida, on March 14, 1903;
            (2) the National Wildlife Refuge System is comprised of more 
        than 93,000,000 acres of Federal land managed by the United 
        States Fish and Wildlife Service in more than 532 individual 
        refuges and thousands of waterfowl production areas located in 
        all 50 States and the territories of the United States;
            (3) the System is the only network of Federal land dedicated 
        singularly to wildlife conservation and where wildlife-dependent 
        recreation and environmental education are priority public uses;
            (4) the System serves a vital role in the conservation of 
        millions of migratory birds, dozens of endangered species and 
        threatened species, some of the premier fisheries of the United 
        States, marine mammals, and the habitats on which such species 
        of fish and wildlife depend;
            (5) each year the System provides millions of Americans with 
        opportunities to participate in wildlife-dependent recreation, 
        including hunting, fishing, and wildlife observation;
            (6)(A) public visitation to national wildlife refuges is 
        growing, with more than 35,000,000 visitors annually; and
            (B) it is essential that visitor centers and public use 
        facilities be properly constructed, operated, and maintained;
            (7) the National Wildlife Refuge System Volunteer and 
        Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f 
        note; Public Law 105-242), and the amendments made by that Act, 
        significantly enhance the ability of the United States Fish and 
        Wildlife Service to incorporate volunteers and partnerships in 
        refuge management;
            (8) as of the date of the enactment of this Act, the System 
        has an unacceptable backlog of critical operation and 
        maintenance needs; and
            (9) the occasion of the centennial of the System, in 2003, 
        presents a historic opportunity to enhance natural resource 
        stewardship and expand public enjoyment of the national wildlife 
        refuges of the United States.

    (b) Purposes.--The purposes of this title are--
            (1) to establish a commission to promote awareness by the 
        public of the National Wildlife Refuge System as the System 
        celebrates its centennial in 2003;
            (2) to develop a long-term plan to meet the priority 
        operation, maintenance, and construction needs of the System;

[[Page 114 STAT. 1783]]

            (3) to require an annual report on the needs of the System 
        prepared in the context of--
                    (A) the budget submission of the Department of the 
                Interior to the President; and
                    (B) the President's budget request to Congress; and
            (4) to improve public use programs and facilities of the 
        System to meet the increasing needs of the public for wildlife-
        dependent recreation in the 21st century.

SEC. 303. <<NOTE: 16 USC 668dd note.>> NATIONAL WILDLIFE REFUGE SYSTEM 
            CENTENNIAL COMMISSION.

    (a) Establishment.--There is established the National Wildlife 
Refuge System Centennial Commission (referred to in this title as the 
``Commission'').
    (b) Members.--
            (1) In general.--The Commission shall be composed of--
                    (A) the Director of the United States Fish and 
                Wildlife Service;
                    (B) up to 10 individuals appointed by the Secretary 
                of the Interior;
                    (C) the chairman and ranking minority member of the 
                Committee on Resources of the House of Representatives 
                and of the Committee on Environment and Public Works of 
                the Senate, who shall be nonvoting members; and
                    (D) the congressional representatives of the 
                Migratory Bird Conservation Commission, who shall be 
                nonvoting members.
            (2) Appointments.--
                    (A) Deadline.--The members of the Commission shall 
                be appointed not later than 90 days after the effective 
                date of this title.
                    (B) Appointments by the secretary of the interior.--
                          (i) In general.--The members of the Commission 
                      appointed by the Secretary of the Interior under 
                      paragraph (1)(B)--
                                    (I) shall not be officers or 
                                employees of the Federal Government; and
                                    (II) shall, in the judgment of the 
                                Secretary--
                                            (aa) represent the diverse 
                                        beneficiaries of the System; and
                                            (bb) have outstanding 
                                        knowledge or appreciation of 
                                        wildlife, natural resource 
                                        management, or wildlife-
                                        dependent recreation.
                          (ii) Representation of views.--In making 
                      appointments under paragraph (1)(B), the Secretary 
                      of the Interior shall make every effort to ensure 
                      that the views of the hunting, fishing, and 
                      wildlife observation communities are represented 
                      on the Commission.
            (3) Vacancies.--Any vacancy in the Commission--
                    (A) shall not affect the power or duties of the 
                Commission; and
                    (B) shall be expeditiously filled in the same manner 
                as the original appointment was made.

    (c) Chairperson.--The Secretary of the Interior shall appoint one of 
the members as the Chairperson of the Commission.

[[Page 114 STAT. 1784]]

    (d) Compensation.--The members of the Commission shall receive no 
compensation for their service on the Commission.
    (e) Travel Expenses.--
            (1) Legislative branch members.--The members of the 
        Commission from the legislative branch of the Federal Government 
        shall be allowed necessary travel expenses, as authorized by 
        other law for official travel, while away from their homes or 
        regular places of business in the performance of services for 
        the Commission.
            (2) Executive branch members.--The members of the Commission 
        from the executive branch of the Federal Government shall be 
        allowed necessary travel expenses in accordance with section 
        5702 of title 5, United States Code, while away from their homes 
        or regular places of business in the performance of services for 
        the Commission.
            (3) Other members and staff.--The members of the Commission 
        appointed by the Secretary of the Interior and staff of the 
        Commission may be allowed necessary travel expenses as 
        authorized by section 5702 of title 5, United States Code, while 
        away from their homes or regular places of business in the 
        performance of services for the Commission.

    (f ) Duties.--The Commission shall--
            (1) prepare, in cooperation with Federal, State, local, and 
        nongovernmental partners, a plan to commemorate the centennial 
        of the National Wildlife Refuge System beginning on March 14, 
        2003;
            (2) coordinate the activities of the partners under the 
        plan; and
            (3) plan and host, in cooperation with the partners, a 
        conference on the National Wildlife Refuge System, and assist in 
        the activities of the conference.

    (g) Staff.--Subject to the availability of appropriations, the 
Commission may employ such staff as are necessary to carry out the 
duties of the Commission.
    (h) Donations.--
            (1) In general.--The Commission may, in accordance with 
        criteria established under paragraph (2), accept and use 
        donations of money, personal property, or personal services.
            (2) Criteria.--The Commission shall establish written 
        criteria to be used in determining whether the acceptance of 
        gifts or donations under paragraph (1) would--
                    (A) reflect unfavorably on the ability of the 
                Commission or any employee of the Commission to carry 
                out its responsibilities or official duties in a fair 
                and objective manner; or
                    (B) compromise the integrity or the appearance of 
                the integrity of any person involved in the activities 
                of the Commission.

    (i) Administrative Support.--Upon the request of the Commission--
            (1) the Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service, may 
        provide to the Commission such administrative support services 
        as are necessary for the Commission to carry out the duties of 
        the Commission under this title, including services relating to 
        budgeting, accounting, financial reporting, personnel, and 
        procurement; and

[[Page 114 STAT. 1785]]

            (2) the head of any other appropriate Federal agency may 
        provide to the Commission such advice and assistance, with or 
        without reimbursement, as are appropriate to assist the 
        Commission in carrying out the duties of the Commission.

    ( j) Reports.--
            (1) Annual reports.--Not later than 1 year after the 
        effective date of this title, and annually thereafter, the 
        Commission shall submit to Congress a report on the activities 
        and plans of the Commission.
            (2) Final report.--Not later than September 30, 2004, the 
        Commission shall submit to the Committee on Resources of the 
        House of Representatives and the Committee on Environment and 
        Public Works of the Senate a final report on the activities of 
        the Commission, including an accounting of all funds received 
        and expended by the Commission.

    (k) Termination.--
            (1) In general.--The <<NOTE: Termination.>> Commission shall 
        terminate 90 days after the date on which the Commission submits 
        the final report under subsection ( j).
            (2) Disposition of materials.--Upon termination of the 
        Commission and after consultation with the Archivist of the 
        United States and the Secretary of the Smithsonian Institution, 
        the Secretary of the Interior may--
                    (A)(i) deposit all books, manuscripts, miscellaneous 
                printed matter, memorabilia, relics, and other similar 
                materials of the Commission relating to the centennial 
                of the National Wildlife Refuge System in Federal, 
                State, or local libraries or museums; or
                    (ii) otherwise dispose of such materials; and
                    (B)(i) use other property acquired by the Commission 
                for the purposes of the National Wildlife Refuge System; 
                or
                    (ii) treat such property as excess property.

SEC. 304. <<NOTE: 16 USC 668dd note.>> LONG-TERM PLANNING AND ANNUAL 
            REPORTING REQUIREMENTS REGARDING THE OPERATION AND 
            MAINTENANCE BACKLOG.

    (a) Unified Long-Term Plan.--Not <<NOTE: Deadline.>> later than 
March 1, 2002, the Secretary of the Interior shall prepare and submit to 
Congress and the President a unified long-term plan to address priority 
operation, maintenance, and construction needs of the National Wildlife 
Refuge System, including--
            (1) priority staffing needs of the System; and
            (2) operation, maintenance, and construction needs as 
        identified in--
                    (A) the Refuge Operating Needs System;
                    (B) the Maintenance Management System;
                    (C) the 5-year deferred maintenance list;
                    (D) the 5-year construction list;
                    (E) the United States Fish and Wildlife Service 
                report entitled ``Fulfilling the Promise of America's 
                National Wildlife Refuge System''; and
                    (F) individual refuge comprehensive conservation 
                plans.

    (b) Annual Submission.--Beginning with the submission to Congress of 
the budget for fiscal year 2003, the Secretary of the

[[Page 114 STAT. 1786]]

Interior shall prepare and submit to Congress, in the context of each 
annual budget submission, a report that contains--
            (1) an assessment of expenditures in the prior, current, and 
        upcoming fiscal years to meet the operation and maintenance 
        backlog as identified in the long-term plan under subsection 
        (a); and
            (2) a specification of transition costs, in the prior, 
        current, and upcoming fiscal years, as identified in the 
        analysis of newly acquired refuge land prepared by the 
        Department of the Interior, and a description of the method used 
        to determine the priority status of the transition costs.

SEC. 305. <<NOTE: 16 USC 668dd note.>> YEAR OF THE NATIONAL WILDLIFE 
            REFUGE.

    (a) Finding.--Congress finds that designation of the year 2003 as 
the ``Year of the National Wildlife Refuge'' would promote the goal of 
increasing public appreciation of the importance of the National 
Wildlife Refuge System.
    (b) Proclamation.--The President is requested to issue a 
proclamation calling on the people of the United States to conduct 
appropriate programs, ceremonies, and activities to accomplish the goal 
of such a year.

SEC. 306. <<NOTE: 16 USC 668dd note.>> AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the activities 
of the Commission under this title--
            (1) $100,000 for fiscal year 2001; and
            (2) $250,000 for each of fiscal years 2002 through 2004.

SEC. 307. <<NOTE: 16 USC 668dd note.>> EFFECTIVE DATE.

    This title takes effect on January 20, 2001.

    Approved November 1, 2000.

LEGISLATIVE HISTORY--H.R. 3671:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-554 (Comm. on Resources).
SENATE REPORTS: No. 106-495 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Apr. 5, considered and passed House.
            Oct. 12, considered and passed Senate, amended.
            Oct. 18, House concurred in Senate amendments.

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