H. Rept. 106-911 - 106th Congress (1999-2000)
September 28, 2000, As Reported by the Resources Committee

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

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



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

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



 
 NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT AMENDMENTS OF 
                                  2000

                                _______
                                

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

                                _______
                                

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

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                         [To accompany S. 1653]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill (S. 
1653) to reauthorize and amend the National Fish and Wildlife 
Foundation Establishment Act, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. PURPOSES.

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

SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

  (a) Establishment and Membership.--Section 3 of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by 
striking subsection (a) and inserting the following:
  ``(a) Establishment and Membership.--
          ``(1) In general.--The Foundation shall have a governing 
        Board of Directors (referred to in this Act as the `Board'), 
        which shall consist of 25 Directors appointed in accordance 
        with subsection (b), each of whom shall be a United States 
        citizen.
          ``(2) Representation of diverse points of view.--To the 
        maximum extent practicable, the membership of the Board shall 
        represent diverse points of view relating to conservation and 
        management of fish, wildlife, plants, and other natural 
        resources.
          ``(3) Not federal employees.--Appointment as a Director of 
        the Foundation shall not constitute employment by, or the 
        holding of an office of, the United States for the purpose of 
        any Federal law.''.
  (b) Appointment and Terms.--Section 3 of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by 
striking subsection (b) and inserting the following:
  ``(b) Appointment and Terms.--
          ``(1) Agency heads.--The Director of the United States Fish 
        and Wildlife Service and the Under Secretary of Commerce for 
        Oceans and Atmosphere shall be Directors of the Foundation.
          ``(2) Appointments by the secretary of the interior.--
                  ``(A) In general.--Subject to subparagraph (B), after 
                consulting with the Secretary of Commerce and 
                considering the recommendations submitted by the Board, 
                the Secretary of the Interior shall appoint 23 
                Directors who meet the criteria established by 
                subsection (a), of whom--
                          ``(i) at least 6 shall be educated or 
                        experienced in fish, wildlife, or other natural 
                        resource conservation;
                          ``(ii) at least 4 shall be educated or 
                        experienced in the principles of fish, 
                        wildlife, or other natural resource management; 
                        and
                          ``(iii) at least 4 shall be educated or 
                        experienced in ocean and coastal resource 
                        conservation.
                  ``(B) Transition provision.--
                          ``(i) Continuation of terms.--The 15 
                        Directors serving on the Board as of the date 
                        of enactment of this paragraph shall continue 
                        to serve until the expiration of their terms.
                          ``(ii) New directors.--The Secretary of the 
                        Interior shall appoint 8 new Directors; to the 
                        maximum extent practicable those appointments 
                        shall be made not later than 45 calendar days 
                        after the date of enactment of this paragraph.
          ``(3) Terms.--
                  ``(A) In general.--Subject to subparagraph (B), each 
                Director (other than a Director described in paragraph 
                (1)) shall be appointed for a term of 6 years.
                  ``(B) Initial appointments to new member positions.--
                Of the Directors appointed by the Secretary of the 
                Interior under paragraph (2)(B)(ii), the Secretary 
                shall appoint--
                          ``(i) 2 Directors for a term of 2 years;
                          ``(ii) 3 Directors for a term of 4 years; and
                          ``(iii) 3 Directors for a term of 6 years.
          ``(4) Vacancies.--
                  ``(A) In general.--The Secretary of the Interior 
                shall fill a vacancy on the Board; to the maximum 
                extent practicable the vacancy shall be filled not 
                later than 45 calendar days after the occurrence of the 
                vacancy.
                  ``(B) Term of appointments to fill unexpired terms.--
                An individual appointed to fill a vacancy that occurs 
                before the expiration of the term of a Director shall 
                be appointed for the remainder of the term.
          ``(5) Reappointment.--An individual (other than an individual 
        described in paragraph (1)) shall not serve more than 2 
        consecutive terms as a Director, excluding any term of less 
        than 6 years.
          ``(6) Request for removal.--The executive committee of the 
        Board may submit to the Secretary a letter describing the 
        nonperformance of a Director and requesting the removal of the 
        Director from the Board.
          ``(7) Consultation before removal.--Before removing any 
        Director from the Board, the Secretary shall consult with the 
        Secretary of Commerce.''.
  (c) Technical Amendments.--
          (1) Section 4(c)(5) of the National Fish and Wildlife 
        Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended 
        by striking ``Directors of the Board'' and inserting 
        ``Directors of the Foundation''.
          (2) Section 6 of the National Fish and Wildlife Foundation 
        Establishment Act (16 U.S.C. 3705) is amended by striking 
        ``Secretary'' and inserting ``Secretary of the Interior or the 
        Secretary of Commerce''.
          (3) Section 6 of the National Fish and Wildlife Foundation 
        Establishment Act (16 U.S.C. 3705) is amended by inserting ``or 
        the Department of Commerce'' after ``Department of the 
        Interior''.

SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

  (a) Principal Office of the Foundation.--Section 4(a)(3) of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703(a)(3)) is amended by inserting after ``the District of Columbia'' 
the following: ``or in a county in the State of Maryland or Virginia 
that borders on the District of Columbia''.
  (b) Investment and Deposit of Federal Funds.--Section 4(c) of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703(c)) is amended--
          (1) by redesignating paragraphs (3) through (7) as paragraphs 
        (7) through (11), respectively; and
          (2) by inserting after paragraph (2) the following:
          ``(3) to invest any funds provided to the Foundation by the 
        Federal Government in obligations of the United States or in 
        obligations or securities that are guaranteed or insured by the 
        United States;
          ``(4) to deposit any funds provided to the Foundation by the 
        Federal Government into accounts that are insured by an agency 
        or instrumentality of the United States;
          ``(5) to make use of any interest or investment income that 
        accrues as a consequence of actions taken under paragraph (3) 
        or (4) to carry out the purposes of the Foundation;
          ``(6) to use Federal funds to make payments under cooperative 
        agreements entered into with willing private landowners to 
        provide substantial long-term benefits for the restoration or 
        enhancement of fish, wildlife, plants, and other natural 
        resources on private land;''.
  (c) Agency Approval of Acquisitions of Property.--Section 4(e)(1) of 
the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703(e)(1)) is amended by striking subparagraph (B) and inserting the 
following:
          ``(B) the Foundation notifies the Federal agency that 
        administers the program under which the funds were provided of 
        the proposed acquisition, and the agency does not object in 
        writing to the proposed acquisition within 60 calendar days 
        after the date of the notification.''.
  (d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703 note) 
is repealed.
  (e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B) of 
the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703(e)(3)(B)) is amended by striking clause (ii) and inserting the 
following:
          ``(ii) the Foundation notifies the Federal agency that 
        administers the Federal program under which the funds were 
        provided of the proposed conveyance or provision of Federal 
        funds, and the agency does not object in writing to the 
        proposed conveyance or provision of Federal funds within 60 
        calendar days after the date of the notification.''.
  (f) Reconveyance of Real Property.--Section 4(e) of the National Fish 
and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is 
amended by striking paragraph (5) and inserting the following:
          ``(5) Reconveyance of real property.--The Foundation shall 
        convey at not less than fair market value any real property 
        acquired by the Foundation in whole or in part with Federal 
        funds if the Foundation notifies the Federal agency that 
        administers the Federal program under which the funds were 
        provided, and the agency does not disagree within 60 calendar 
        days after the date of the notification, that--
                  ``(A) the property is no longer valuable for the 
                purpose of conservation or management of fish, 
                wildlife, plants, and other natural resources; and
                  ``(B) the purposes of the Foundation would be better 
                served by use of the proceeds of the conveyance for 
                other authorized activities of the Foundation.''.
  (g) Expenditures for Printing Services or Capital Equipment.--Section 
4 of the National Fish and Wildlife Foundation Establishment Act (16 
U.S.C. 3703) is amended by adding at the end the following:
  ``(h) Expenditures for Printing Services or Capital Equipment.--The 
Foundation shall not make any expenditure of Federal funds in 
connection with any 1 transaction for printing services or capital 
equipment that is greater than $10,000 unless the expenditure is 
approved by the Federal agency that administers the Federal program 
under which the funds were provided.''.

SEC. 5. ANNUAL REPORTING OF GRANT DETAILS.

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

SEC. 6. NOTICE OF GRANTS TO MEMBERS OF CONGRESS.

  Section 4 of the National Fish and Wildlife Foundation Establishment 
Act (16 U.S.C. 3703) is further amended by adding at the end the 
following:
  ``(i) Notice of Grants to Members of Congress.--The Foundation may 
not make a grant of funds unless, by not later than 60 days before the 
grant is made, the Foundation provides notice of the grant to the 
Member of Congress for the congressional district in which the project 
to be funded with the grant will be conducted.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

  Section 10 of the National Fish and Wildlife Foundation Establishment 
Act (16 U.S.C. 3709) is amended by striking subsections (a), (b), and 
(c) and inserting the following:
  ``(a) Authorization of Appropriations.--
          ``(1) In general.--There are authorized to be appropriated to 
        carry out this Act for each of fiscal years 2001 and 2002--
                  ``(A) $20,000,000 to the Department of the Interior; 
                and
                  ``(B) $5,000,000 to the Department of Commerce.
          ``(2) Requirement of advance payment.--The amount made 
        available for a fiscal year under paragraph (1) shall be 
        provided to the Foundation in an advance payment of the entire 
        amount on October 1, or as soon as practicable thereafter, of 
        the fiscal year.
          ``(3) Use of appropriated funds.--Subject to paragraph (4), 
        amounts made available under paragraph (1) shall be provided to 
        the Foundation for use for matching, on a 1-to-1 basis, 
        contributions (whether in currency, services, or property) made 
        to the Foundation by private persons and State and local 
        government agencies.
          ``(4) Prohibition on use for administrative expenses.--No 
        Federal funds made available under paragraph (1) shall be used 
        by the Foundation for administrative expenses of the 
        Foundation, including for salaries, travel and transportation 
        expenses, and other overhead expenses.
  ``(b) Additional Authorization.--
          ``(1) In general.--In addition to the amounts authorized to 
        be appropriated under subsection (a), the Foundation may accept 
        Federal funds from a Federal agency under any other Federal law 
        for use by the Foundation to further the conservation and 
        management of fish, wildlife, plants, and other natural 
        resources in accordance with the requirements of this Act.
          ``(2) Use of funds accepted from federal agencies.--Federal 
        funds provided to the Foundation under paragraph (1) shall be 
        used by the Foundation for matching, in whole or in part, 
        contributions (whether in currency, services, or property) made 
        to the Foundation by private persons and State and local 
        government agencies.
  ``(c) Prohibition on Use of Grant Amounts for Litigation and Lobbying 
Expenses.--Amounts provided as a grant by the Foundation shall not be 
used for--
          ``(1) any expense related to litigation; or
          ``(2) any activity the purpose of which is to influence 
        legislation pending before Congress.''.

SEC. 8. LIMITATION ON AUTHORITY.

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

``SEC. 11. LIMITATION ON AUTHORITY.

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

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

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

                          Purpose of the Bill

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

                  Background and Need for Legislation

    On March 26, 1984, President Ronald Reagan signed H.R. 2809 
into law, thus establishing the National Fish and Wildlife 
Foundation. Public Law 98-244, the National Fish and Wildlife 
Foundation Establishment Act, states that: the Foundation is a 
charitable and nonprofit corporation and is not an agency or 
establishment of the United States. The purposes of the 
Foundation are--
          (1) to encourage, accept, and administer private 
        gifts of property for the benefit of, or in connection 
        with, the activities and services of the United States 
        Fish and Wildlife Service; and
          (2) to undertake and conduct such other activities as 
        will further the conservation and management of the 
        fish, wildlife, and plant resources of the United 
        States, and its territories and possessions, for 
        present and future generations of Americans.
    The National Fish and Wildlife Foundation Establishment Act 
also stipulated that the Foundation would be governed by a 
Board of Directors, consisting of nine U.S. citizens appointed 
by the Secretary of the Interior who are educated, experienced, 
and knowledgeable in fish and wildlife conservation; the 
members of the Board would serve for a maximum of 12 years 
without pay, but would be eligible for travel and subsistence 
expenses; the Foundation would be audited on a yearly basis; 
and the Foundation would be authorized to receive up to $1 
million in U.S. taxpayers' funds for a ten-year period 
beginning on October 1, 1983. The Foundation was required to 
match, on a one-for-one basis, any money it received from the 
United States Congress.
    In 1988, the Congress increased the authorization for the 
National Fish and Wildlife Foundation to $5 million a year 
(Public Law 100-240). It also repealed the one-for-one matching 
fund requirement.
    In 1990, the Congress again extended the Foundation's 
ability to obtain U.S. taxpayer support for an additional three 
years by increasing the $5 million authorization ceiling to $15 
million in fiscal year 1991, $20 million in fiscal year 1992, 
and $25 million in fiscal year 1993. Furthermore, the 
legislation prohibited the Foundation from using any federal 
funds for its administrative expenses, including salaries, 
travel, transportation, and other overhead expenses.
    In 1994, Congress enacted the National Fish and Wildlife 
Improvement Act of 1994 (Public Law 103-232). This law expanded 
the Foundation's Board of Directors from nine to 15 members; 
provided explicit authority for the Foundation to work with the 
National Oceanic and Atmospheric Administration on marine 
conservation projects; and authorized federal appropriations of 
$25 million per year for fiscal years 1994, 1995, 1996, 1997 
and 1998.
    While the Foundation has not received $25 million in any 
single fiscal year, it has obtained total $150 million in 
federal funds through both appropriations and cooperative 
agreements with individual agencies since 1984. Appropriated 
dollars are invested directly in on-the-ground projects.
    Federal funds provided to the Foundation are awarded as 
challenge grants to on-the-ground conservation projects. The 
term ``challenge grant'' indicates that the federal seed funds 
must be matched with additional funding, thereby multiplying 
investments in conservation and involving diverse public and 
private participants in projects. Since the National Fish and 
Wildlife Foundation was established in 1984, the Foundation has 
funded more than 3,850 grants, comprised of $150 million 
federal funds matched with more than $340 million in non-
federal dollars for a total of $490 million invested for 
conservation. That is a ratio of more than 2:1, which means 
more than $2 in non-federal money for each dollar appropriated 
to the Foundation.
    The Foundation fosters partnerships among federal, State, 
and local governments, corporations, private foundations, 
individuals, and nonprofit organizations. Funds have been 
awarded to more than 1,100 grantees, including government 
agencies, educational institutions, and domestic and 
international conservation organizations. They have conducted 
these projects with 36 federal agencies, 125 State and local 
agencies, 92 colleges and universities, and 852 different 
conservation groups, including the Audubon Society, Cape May 
Bird Observatory, Chesapeake Bay Foundation, Defenders of 
Wildlife, Ducks Unlimited, the International Association of 
Fish and Wildlife Agencies, the Nature Conservancy, the 
Peregrine Fund, and Zoo Atlanta.
    The fundamental goal of the National Fish and Wildlife 
Foundation is to provide support to local conservation projects 
and foster cooperation through established partnerships with 
government and private stakeholders. The Foundation awards 
funds to projects benefitting conservation education, habitat 
protection and restoration, and natural resource management.
    To capitalize on its goal of supporting community-based 
conservation, the Foundation works through a network of regions 
and partnership offices. Within this regional orientation, 
there are five thematic objectives:
    Working with Private Landowners.--This program focuses on 
conserving natural resources by partnering with the people who 
make their living from the land, and can be broken into three 
categories:
    Restoring and enhancing riparian areas, wetlands, and 
floodplains: The Foundation has undertaken more than 400 
projects to enhance the native vegetative composition and the 
stability of riparian areas in watersheds with both public and 
private landownership. An example of a partnership is a project 
in the Catlow Valley inOregon's Great Basin that played an 
important part of a ``listing is not warranted'' decision for the Great 
Basin redband trout under the Endangered Species Act. The overall 
project involves 300,000 acres of land, over half of which is privately 
owned, on which the Foundation supported restoring springs and building 
wildlife and livestock watering areas to enhance riparian areas and 
improve habitat for redband trout and tui chub.
    Controlling invasive and noxious weeds: Through the Pulling 
Together Initiative, the Foundation creates partnerships 
between federal agencies and State and local agencies, 
industry, private landowners, and related interested parties in 
developing long-term weed management projects as part of an 
integrated pest management strategy. The coordinated approach 
supports long-term invasive plant management at the local level 
and has resulted in leveraged funds; shared experience among 
partners; cooperation between private and public partners; and 
increased public awareness of the dangers of allowing expansion 
of invasive and noxious plants. For example, the American Land 
Conservancy's Bear Creek Watershed Restoration project in 
California brought multiple partners together to control yellow 
starthistle and other invasive weeds utilizing an integrated 
pest management approach. State universities and agencies 
established demonstration sites throughout the watershed to 
show examples of weed control, native plant enhancement, and 
habitat restoration as well as to raise public awareness about 
invasive plants and the ecological restoration that has been 
implemented.
    Protecting land through easements and other mechanisms: 
Conservation easements offer landowners a variety of options 
for protecting wildlife habitat while allowing farmers, 
ranchers and other landowners the ability to continue to own 
and work their land and pass the property to heirs. All 
easements supported by the Foundation are done with willing 
partners and must promote and further the conservation and 
management of fish, wildlife and plant resources of the United 
States. The Foundation has supported over 120 projects 
involving conservation easements with partners as diverse as 
the California Rangeland Trust, Malpai Borderlands Group, Ducks 
Unlimited, and many locally-based land trusts.
    Enhancing Conservation Education.--This program supports 
innovative education programs targeting under-served groups and 
young people, educators, community leaders, and private 
landowners nationwide, the critical audiences responsible for 
the current and future management of our natural resources. To 
date, the Foundation has awarded over 530 grants worth $11.4 
million, and those grants have leveraged more than $38 million 
for conservation education projects located in all 50 States.
    Promoting Sustainable Communities.--This program invests in 
projects that build economic opportunity and capacity at the 
local level to balance growth with species and habitat 
conservation. The Foundation has awarded over 800 grants, 
committing $27 million in federal funds and leveraging an 
additional $60 million in non-federal contributions to support 
projects that sustain the health and diversity of fish and 
wildlife habitat in communities.
    Fostering Resolution of Resource Conflicts.--The Foundation 
has provided critical support to resolve controversies 
regarding fish and wildlife protection and communities' 
development needs. For example, the Foundation is assisting the 
Sierra Business Council, an association of over 450 member 
businesses working to secure the economic and environmental 
health of the Sierra Nevada, to develop the Placer County Open 
Space and Preservation Plan. Working collaboratively with State 
and federal agencies, the Sierra Business Council 
simultaneously addressed the environmental and economic needs 
of Placer County through the establishment of a countywide 
Natural Communities Conservation Plan.
    Promoting Strong, Diversified Local Economies.--The 
Pinellas County Environmental Foundation (PCEF) is a unique 
partnership that brings the Foundation's expertise to this 
Florida Gulf Coast community. PCEF's mission is to conserve, 
restore and enhance the natural resources of Pinellas County 
for its citizens and visitors through innovative and 
sustainable partnerships among stakeholders. Although Pinellas 
is the State's most densely populated county, natural resources 
are abundant, including wading bird rookeries, nearshore 
fisheries, and parklands. Through PCEF, the Tampa Bay area is 
becoming a model for nature tourism (the Florida Birding 
Festival and Flats Fishing Tournament), environmental 
education, and integrating natural resource conservation with 
population growth.
    The Foundation develops partnerships with private 
corporations that foster strategic investments in conservation 
solutions. Programs are jointly developed by the corporation 
and the Foundation and address demonstrated conservation needs.
    For additional information, please see Senate Report 106-
230.

                            Committee Action

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


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

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of Rule X and clause 3(c)(1) of 
Rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of Rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of Rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of Rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of Rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

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

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

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

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

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

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

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

               Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

        NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT

           *       *       *       *       *       *       *



SEC. 2. ESTABLISHMENT AND PURPOSES OF FOUNDATION.

  (a)  * * *
  (b) Purposes.--The purposes of the Foundation are--
          [(1) to encourage, accept, and administer private 
        gifts of property for the benefit of, or in connection 
        with, the activities and services of the United States 
        Fish and Wildlife Service and the National Oceanic and 
        Atmospheric Administration;]
          (1) to encourage, accept, and administer private 
        gifts of property for the benefit of, or in connection 
        with, the activities and services of the United States 
        Fish and Wildlife Service and the National Oceanic and 
        Atmospheric Administration, to further the conservation 
        and management of fish, wildlife, plants, and other 
        natural resources;

           *       *       *       *       *       *       *


SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

  [(a) Establishment and Membership.--The Foundation shall have 
a governing Board of Directors (hereinafter referred to in this 
Act as the ``Board''), which shall consist of 15 Directors, 
each of whom shall be a United States citizen and--
          [(1) six of whom must be knowledgeable or experienced 
        in fish and wildlife conservation; and
          [(2) 4 of whom must be educated and experienced in 
        the principles of fish and wildlife management.
The membership of the Board, to the extent practicable, shall 
represent diverse points of view relating to fish and wildlife 
conservation. The Director of the United States Fish and 
Wildlife Service shall be an ex officio nonvoting member of the 
Board. Appointment to the Board shall not constitute employment 
by, or the holding of an office of, the United States for the 
purposes of any Federal law.
  [(b) Appointment and Terms.--By December 31, 1984, the 
Secretary of the Interior (hereinafter referred to in this Act 
as the ``Secretary'') shall appoint the Directors of the Board. 
The Directors shall be appointed for terms of 6 years; except 
that the Secretary, in making the initial appointments to the 
Board, shall appoint 3 Directors to a term of 2 years, 3 
Directors to a term of 4 years, and 3 Directors to a term of 6 
years. A vacancy on the Board shall be filled within 60 days of 
said vacancy in the manner in which the original appointment 
was made. No individual may serve more than 2 consecutive terms 
as a Director. The Secretary of the Interior shall consult with 
the Under Secretary of Commerce forOceans and Atmosphere before 
appointing any Director of the Board.]
  (a) Establishment and Membership.--
          (1) In general.--The Foundation shall have a 
        governing Board of Directors (referred to in this Act 
        as the ``Board''), which shall consist of 25 Directors 
        appointed in accordance with subsection (b), each of 
        whom shall be a United States citizen.
          (2) Representation of diverse points of view.--To the 
        maximum extent practicable, the membership of the Board 
        shall represent diverse points of view relating to 
        conservation and management of fish, wildlife, plants, 
        and other natural resources.
          (3) Not federal employees.--Appointment as a Director 
        of the Foundation shall not constitute employment by, 
        or the holding of an office of, the United States for 
        the purpose of any Federal law.
  (b) Appointment and Terms.--
          (1) Agency heads.--The Director of the United States 
        Fish and Wildlife Service and the Under Secretary of 
        Commerce for Oceans and Atmosphere shall be Directors 
        of the Foundation.
          (2) Appointments by the secretary of the interior.--
                  (A) In general.--Subject to subparagraph (B), 
                after consulting with the Secretary of Commerce 
                and considering the recommendations submitted 
                by the Board, the Secretary of the Interior 
                shall appoint 23 Directors who meet the 
                criteria established by subsection (a), of 
                whom--
                          (i) at least 6 shall be educated or 
                        experienced in fish, wildlife, or other 
                        natural resource conservation;
                          (ii) at least 4 shall be educated or 
                        experienced in the principles of fish, 
                        wildlife, or other natural resource 
                        management; and
                          (iii) at least 4 shall be educated or 
                        experienced in ocean and coastal 
                        resource conservation.
                  (B) Transition provision.--
                          (i) Continuation of terms.--The 15 
                        Directors serving on the Board as of 
                        the date of enactment of this paragraph 
                        shall continue to serve until the 
                        expiration of their terms.
                          (ii) New directors.--The Secretary of 
                        the Interior shall appoint 8 new 
                        Directors; to the maximum extent 
                        practicable those appointments shall be 
                        made not later than 45 calendar days 
                        after the date of enactment of this 
                        paragraph.
          (3) Terms.--
                  (A) In general.--Subject to subparagraph (B), 
                each Director (other than a Director described 
                in paragraph (1)) shall be appointed for a term 
                of 6 years.
                  (B) Initial appointments to new member 
                positions.--Of the Directors appointed by the 
                Secretary of the Interior under paragraph 
                (2)(B)(ii), the Secretary shall appoint--
                          (i) 2 Directors for a term of 2 
                        years;
                          (ii) 3 Directors for a term of 4 
                        years; and
                          (iii) 3 Directors for a term of 6 
                        years.
          (4) Vacancies.--
                  (A) In general.--The Secretary of the 
                Interior shall fill a vacancy on the Board; to 
                the maximum extent practicable the vacancy 
                shall be filled not later than 45 calendar days 
                after the occurrence of the vacancy.
                  (B) Term of appointments to fill unexpired 
                terms.--An individual appointed to fill a 
                vacancy that occurs before the expiration of 
                the term of a Director shall be appointed for 
                the remainder of the term.
          (5) Reappointment.--An individual (other than an 
        individual described in paragraph (1)) shall not serve 
        more than 2 consecutive terms as a Director, excluding 
        any term of less than 6 years.
          (6) Request for removal.--The executive committee of 
        the Board may submit to the Secretary a letter 
        describing the nonperformance of a Director and 
        requesting the removal of the Director from the Board.
          (7) Consultation before removal.--Before removing any 
        Director from the Board, the Secretary shall consult 
        with the Secretary of Commerce.

           *       *       *       *       *       *       *


SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

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

           *       *       *       *       *       *       *

          (3) shall have its principal offices in the District 
        of Columbia or in a county in the State of Maryland or 
        Virginia that borders on the District of Columbia; and

           *       *       *       *       *       *       *

  (c) Powers.--To carry out its purposes under section 2, the 
Foundation shall have, in addition to the powers otherwise 
given it under this Act, the usual powers of a corporation 
acting as a trustee in the District of Columbia, including the 
power--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) to invest any funds provided to the Foundation by 
        the Federal Government in obligations of the United 
        States or in obligations or securities that are 
        guaranteed or insured by the United States;
          (4) to deposit any funds provided to the Foundation 
        by the Federal Government into accounts that are 
        insured by an agency or instrumentality of the United 
        States;
          (5) to make use of any interest or investment income 
        that accrues as a consequence of actions taken under 
        paragraph (3) or (4) to carry out the purposes of the 
        Foundation;
          (6) to use Federal funds to make payments under 
        cooperative agreements entered into with willing 
        private landowners to provide substantial long-term 
        benefits for the restoration or enhancement of fish, 
        wildlife, plants, and other natural resources on 
        private land;
          [(3)] (7) unless otherwise required by the instrument 
        of transfer, to sell, donate, lease, invest, reinvest, 
        retain or otherwise dispose of any property or income 
        therefrom;
          [(4)] (8) to borrow money and issue bonds, 
        debentures, or other debt instruments;
          [(5)] (9) to sue and be sued, and complain and defend 
        itself in any court of competent jurisdiction, except 
        that the [Directors of the Board] Directors of the 
        Foundation shall not be personally liable, except for 
        gross negligence;
          [(6)] (10) to enter into contracts or other 
        arrangements with public agencies and private 
        organizations and persons and to make such payments as 
        may be necessary to carry out its functions; and
          [(7)] (11) to do any and all acts necessary and 
        proper to carry out the purposes of the Foundation.

           *       *       *       *       *       *       *

  (e) Acquisition, Management and Disposal of Real Property.--
(1) The Foundation may only use Federal funds for the 
acquisition of interests in real property if--
          (A)  * * *
          [(B) the Director of the United States Fish and 
        Wildlife Service (hereinafter in this subsection 
        referred to as the ``Director'') consents to the 
        acquisition in writing.]
          (B) the Foundation notifies the Federal agency that 
        administers the program under which the funds were 
        provided of the proposed acquisition, and the agency 
        does not object in writing to the proposed acquisition 
        within 60 calendar days after the date of the 
        notification.

           *       *       *       *       *       *       *

  (3)(A)  * * *

           *       *       *       *       *       *       *

  (B) The Foundation may only make a conveyance or provide 
Federal funds under subparagraph (A) if--
          (i)  * * *
          [(ii) the Director finds that conveyance or provision 
        of Federal funds meets the requirements of clause (i) 
        and consents to it in writing.]
          (ii) the Foundation notifies the Federal agency that 
        administers the Federal program under which the funds 
        were provided of the proposed conveyance or provision 
        of Federal funds, and the agency does not object in 
        writing to the proposed conveyance or provision of 
        Federal funds within 60 calendar days after the date of 
        the notification.

           *       *       *       *       *       *       *

  [(5) The Foundation shall convey at not less than fair-market 
value any real property acquired by it in whole or in part with 
Federal funds if the Foundation and the Director determine, in 
writing, that--
          [(A) the land is no longer valuable for the purposes 
        of fish and wildlife conservation or management; and
          [(B) the purposes of the Foundation would be better 
        served by the use of the Federal funds for other 
        authorized activities of the Foundation.]
          (5) Reconveyance of real property.--The Foundation 
        shall convey at not less than fair market value any 
        real property acquired by the Foundation in whole or in 
        part with Federal funds if the Foundation notifies the 
        Federal agency that administers the Federal program 
        under which the funds were provided, and the agency 
        does not disagree within 60 calendar days after the 
        date of the notification, that--
                  (A) the property is no longer valuable for 
                the purpose of conservation or management of 
                fish, wildlife, plants, and other natural 
                resources; and
                  (B) the purposes of the Foundation would be 
                better served by use of the proceeds of the 
                conveyance for other authorized activities of 
                the Foundation.

           *       *       *       *       *       *       *

  (h) Expenditures for Printing Services or Capital 
Equipment.--The Foundation shall not make any expenditure of 
Federal funds in connection with any 1 transaction for printing 
services or capital equipment that is greater than $10,000 
unless the expenditure is approved by the Federal agency that 
administers the Federal program under which the funds were 
provided.
  (i) Notice of Grants to Members of Congress.--The Foundation 
may not make a grant of funds unless, by not later than 60 days 
before the grant is made, the Foundation provides notice of the 
grant to the Member of Congress for the congressional district 
in which the project to be funded with the grant will be 
conducted.

           *       *       *       *       *       *       *


SEC. 6. VOLUNTEER STATUS.

  The [Secretary] Secretary of the Interior or the Secretary of 
Commerce may accept, without regard to the civil service 
classification laws, rules, or regulations, the services of the 
Foundation, the Board, and the officers and employees of the 
Board, without compensation from the Department of the Interior 
or the Department of Commerce, as volunteers in the performance 
of the functions authorized herein, in the manner provided for 
under section 7(c) of the Fish and Wildlife Act of 1956 (16 
U.S.C. 742f(c)).

SEC. 7. AUDITS, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL 
                    FOR EQUITABLE RELIEF.

  (a)  * * *
  (b) Report.--The Foundation shall, as soon as practicable 
after the end of each fiscal year, transmit to [Congress] the 
Committee on Resources of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a 
report of its proceedings and activities during such year, 
including a full and complete statement of its receipts, 
expenditures, and investments; and a description of all 
acquisition and disposal of real property that is subject to 
section 4(e). The report shall include a detailed statement of 
the recipient, amount, and purpose of each grant made by the 
Foundation in the fiscal year.

           *       *       *       *       *       *       *


SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Authorization.--There are authorized to be appropriated 
to the Department of the Interior $25,000,000 for each of 
fiscal years 1994, 1995, 1996, 1997, and 1998.
  [(b) Use of Amounts Appropriated.--(1) Subject to paragraph 
(2), amounts appropriated under this section shall be made 
available to the Foundation for use for matching, in whole or 
in part, contributions (whether in currency, services, or 
property) made to the Foundation by private persons and State 
and local government agencies.
  [(2) No Federal funds authorized under this section shall be 
used by the Foundation for administrative expenses of the 
Foundation, including for salaries, travel and transportation 
expenses, and other overhead expenses.
  [(c) Additional Authorization.--The amounts authorized to be 
appropriated under this section are in addition to any amounts 
provided or available to the Foundation under any other Federal 
law.]
  (a) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to carry out this Act for each of fiscal 
        years 2001 and 2002--
                  (A) $20,000,000 to the Department of the 
                Interior; and
                  (B) $5,000,000 to the Department of Commerce.
          (2) Requirement of advance payment.--The amount made 
        available for a fiscal year under paragraph (1) shall 
        be provided to the Foundation in an advance payment of 
        the entire amount on October 1, or as soon as 
        practicable thereafter, of the fiscal year.
          (3) Use of appropriated funds.--Subject to paragraph 
        (4), amounts made available under paragraph (1) shall 
        be provided to the Foundation for use for matching, on 
        a 1-to-1 basis, contributions (whether in currency, 
        services, or property) made to the Foundation by 
        private persons and State and local government 
        agencies.
          (4) Prohibition on use for administrative expenses.--
        No Federal funds made available under paragraph (1) 
        shall be used by the Foundation for administrative 
        expenses of the Foundation, including for salaries, 
        travel and transportation expenses, and other overhead 
        expenses.
  (b) Additional Authorization.--
          (1) In general.--In addition to the amounts 
        authorized to be appropriated under subsection (a), the 
        Foundation may accept Federal funds from a Federal 
        agency under any other Federal law for use by the 
        Foundation to further the conservation and management 
        of fish, wildlife, plants, and other natural resources 
        in accordance with the requirements of this Act.
          (2) Use of funds accepted from federal agencies.--
        Federal funds provided to the Foundation under 
        paragraph (1) shall be used by the Foundation for 
        matching, in whole or in part, contributions (whether 
        in currency, services, or property) made to the 
        Foundation by private persons and State and local 
        government agencies.
  (c) Prohibition on Use of Grant Amounts for Litigation and 
Lobbying Expenses.--Amounts provided as a grant by the 
Foundation shall not be used for--
          (1) any expense related to litigation; or
          (2) any activity the purpose of which is to influence 
        legislation pending before Congress.
  (d) Prohibition on Use of Grant Amounts For Introduction of 
Wolves or Grizzly Bears.--Amounts provided as a grant by the 
Foundation shall not be used for any activity related to the 
introduction of wolves or grizzly bears in Idaho, Montana, 
Utah, or Wyoming.

SEC. 11. LIMITATION ON AUTHORITY.

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


               SECTION 304 OF THE ACT OF OCTOBER 23, 1992

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

[SEC. 304. NATIONAL FISH AND WILDLIFE FOUNDATION.

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

                            DISSENTING VIEWS

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