National Fish and Wildlife Foundation Reauthorization Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1139 To reauthorize and amend the National Fish and Wildlife Foundation Establishment Act. IN THE SENATE OF THE UNITED STATES APRIL 10, 2019 Mr. CARDIN (for himself, Mr. CASSIDY, Mr. CARPER, Ms. STABENOW, Mr. WHITEHOUSE, and Mr. UDALL) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To reauthorize and amend the National Fish and Wildlife Foundation Establishment Act. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Fish and 4 Wildlife Foundation Reauthorization Act of 2019’’. 5 SEC. 2. NATIONAL FISH AND WILDLIFE FOUNDATION ES- 6 TABLISHMENT ACT. 7 (a) BOARD OF DIRECTORS OF FOUNDATION.— 8 VerDate Sep 11 2014 23:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1139.IS S1139 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1139 IS (1) IN GENERAL.—Section 3 of the National 1 Fish and Wildlife Foundation Establishment Act (16 2 U.S.C. 3702) is amended— 3 (A) in subsection (b)— 4 (i) by striking paragraph (2) and in- 5 serting the following: 6 ‘‘(2) IN GENERAL.—After consulting with the 7 Secretary of Commerce and considering the rec- 8 ommendations submitted by the Board, the Sec- 9 retary of the Interior shall appoint 28 Directors 10 who, to the maximum extent practicable, shall— 11 ‘‘(A) be knowledgeable and experienced in 12 matters relating to the conservation of fish, 13 wildlife, or other natural resources; and 14 ‘‘(B) represent a balance of expertise in 15 ocean, coastal, freshwater, and terrestrial re- 16 source conservation.’’; and 17 (ii) by striking paragraph (3) and in- 18 serting the following: 19 ‘‘(3) TERMS.—Each Director (other than a Di- 20 rector described in paragraph (1)) shall be appointed 21 for a term of 6 years.’’; and 22 (B) in subsection (g)(2)— 23 (i) in subparagraph (A), by striking 24 ‘‘(A) Officers and employees may not be 25 VerDate Sep 11 2014 23:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1139.IS S1139 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1139 IS appointed until the Foundation has suffi- 1 cient funds to pay them for their service. 2 Officers’’ and inserting the following: 3 ‘‘(A) IN GENERAL.—Officers’’; and 4 (ii) by striking subparagraph (B) and 5 inserting the following: 6 ‘‘(B) EXECUTIVE DIRECTOR.—The Foun- 7 dation shall have an Executive Director who 8 shall be— 9 ‘‘(i) appointed by, and serve at the di- 10 rection of, the Board as the chief executive 11 officer of the Foundation; and 12 ‘‘(ii) knowledgeable and experienced in 13 matters relating to fish and wildlife con- 14 servation.’’. 15 (2) CONFORMING AMENDMENT.—Section 16 4(a)(1)(B) of the North American Wetlands Con- 17 servation Act (16 U.S.C. 4403(a)(1)(B)) is amended 18 by striking ‘‘Secretary of the Board’’ and inserting 19 ‘‘Executive Director of the Board’’. 20 (b) RIGHTS AND OBLIGATIONS OF FOUNDATION.— 21 Section 4 of the National Fish and Wildlife Foundation 22 Establishment Act (16 U.S.C. 3703) is amended— 23 (1) in subsection (c)— 24 VerDate Sep 11 2014 23:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1139.IS S1139 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1139 IS (A) by striking ‘‘(c) POWERS.—To carry 1 out its purposes under’’ and inserting the fol- 2 lowing: 3 ‘‘(c) POWERS.— 4 ‘‘(1) IN GENERAL.—To carry out the purposes 5 described in’’; 6 (B) by redesignating paragraphs (1) 7 through (11) as subparagraphs (A) through 8 (K), respectively, and indenting appropriately; 9 (C) in subparagraph (D) (as redesignated 10 by subparagraph (B)), by striking ‘‘that are in- 11 sured by an agency or instrumentality of the 12 United States’’ and inserting ‘‘at one or more 13 financial institutions that are members of the 14 Federal Deposit Insurance Corporation or the 15 Securities Investment Protection Corporation’’; 16 (D) in subparagraph (E) (as redesignated 17 by subparagraph (B)), by striking ‘‘paragraph 18 (3) or (4)’’ and inserting ‘‘subparagraph (C) or 19 (D)’’; 20 (E) in subparagraph (J) (as redesignated 21 by subparagraph (B)), by striking ‘‘and’’ at the 22 end; 23 VerDate Sep 11 2014 23:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1139.IS S1139 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1139 IS (F) by striking subparagraph (K) (as re- 1 designated by subparagraph (B)) and inserting 2 the following: 3 ‘‘(K) to receive and administer restitution 4 and community service payments, amounts for 5 mitigation of impacts to natural resources, and 6 other amounts arising from legal, regulatory, or 7 administrative proceedings, subject to the con- 8 dition that the amounts are received or admin- 9 istered for purposes that further the conserva- 10 tion and management of fish, wildlife, plants, 11 and other natural resources; and 12 ‘‘(L) to do acts necessary to carry out the 13 purposes of the Foundation.’’; and 14 (G) by striking the undesignated matter at 15 the end and inserting the following: 16 ‘‘(2) TREATMENT OF REAL PROPERTY.— 17 ‘‘(A) IN GENERAL.—For purposes of this 18 Act, an interest in real property shall be treated 19 as including easements or other rights for pres- 20 ervation, conservation, protection, or enhance- 21 ment by and for the public of natural, scenic, 22 historic, scientific, educational, inspirational, or 23 recreational resources. 24 VerDate Sep 11 2014 23:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1139.IS S1139 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1139 IS ‘‘(B) ENCUMBERED REAL PROPERTY.—A 1 gift, devise, or bequest may be accepted by the 2 Foundation even though the gift, devise, or be- 3 quest is encumbered, restricted, or subject to 4 beneficial interests of private persons if any 5 current or future interest in the gift, devise, or 6 bequest is for the benefit of the Foundation. 7 ‘‘(3) SAVINGS CLAUSE.—The acceptance and 8 administration of amounts by the Foundation under 9 paragraph (1)(K) does not alter, supersede, or limit 10 any regulatory or statutory requirement associated 11 with those amounts.’’; 12 (2) by striking subsections (f) and (g); and 13 (3) by redesignating subsections (h) and (i) as 14 subsections (f) and (g), respectively. 15 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 16 10 of the National Fish and Wildlife Foundation Estab- 17 lishment Act (16 U.S.C. 3709) is amended— 18 (1) in subsection (a), by striking paragraph (1) 19 and inserting the following: 20 ‘‘(1) IN GENERAL.—There are authorized to be 21 appropriated to carry out this Act for each of fiscal 22 years 2020 through 2024— 23 ‘‘(A) $15,000,000 to the Secretary of the 24 Interior; 25 VerDate Sep 11 2014 23:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1139.IS S1139 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1139 IS ‘‘(B) $5,000,000 to the Secretary of Agri- 1 culture; and 2 ‘‘(C) $5,000,000 to the Secretary of Com- 3 merce.’’; 4 (2) in subsection (b)— 5 (A) by striking paragraph (1) and insert- 6 ing the following: 7 ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— 8 ‘‘(A) IN GENERAL.—In addition to the 9 amounts authorized to be appropriated under 10 subsection (a), Federal departments, agencies, 11 or instrumentalities are authorized to provide 12 funds to the Foundation through Federal finan- 13 cial assistance grants and cooperative agree- 14 ments, subject to the condition that the 15 amounts are used for purposes that further the 16 conservation and management of fish, wildlife, 17 plants, and other natural resources in accord- 18 ance with this Act. 19 ‘‘(B) ADVANCES.—Federal departments, 20 agencies, or instrumentalities may advance 21 amounts described in subparagraph (A) to the 22 Foundation in a lump sum without regard to 23 when the expenses for which the amounts are 24 used are incurred. 25 VerDate Sep 11 2014 23:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1139.IS S1139 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1139 IS ‘‘(C) MANAGEMENT FEES.—The Founda- 1 tion may assess and collect fees for the manage- 2 ment of amounts received under this para- 3 graph.’’; 4 (B) in paragraph (2)— 5 (i) in the paragraph heading, by strik- 6 ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 7 (ii) by striking ‘‘shall be used’’ and in- 8 serting ‘‘may be used’’; and 9 (iii) by striking ‘‘and State and local 10 government agencies’’ and inserting ‘‘, 11 State and local government agencies, and 12 other entities’’; and 13 (C) by adding at the end the following: 14 ‘‘(3) ADMINISTRATION OF AMOUNTS.— 15 ‘‘(A) IN GENERAL.—In entering into con- 16 tracts, agreements, or other partnerships pursu- 17 ant to this Act, a Federal department, agency, 18 or instrumentality shall have discretion to waive 19 any competitive process applicable to the de- 20 partment, agency, or instrumentality for enter- 21 ing into contracts, agreements, or partnerships 22 with the Foundation if the purpose of the waiv- 23 er is— 24 VerDate Sep 11 2014 23:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1139.IS S1139 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1139 IS ‘‘(i) to address an environmental 1 emergency resulting from a natural or 2 other disaster; or 3 ‘‘(ii) as determined by the head of the 4 applicable Federal department, agency, or 5 instrumentality, to reduce administrative 6 expenses and expedite the conservation and 7 management of fish, wildlife, plants, and 8 other natural resources. 9 ‘‘(B) REPORTS.—The Foundation shall in- 10 clude in the annual report submitted under sec- 11 tion 7(b) a description of any use of the author- 12 ity under subparagraph (A) by a Federal de- 13 partment, agency, or instrumentality in that fis- 14 cal year.’’; and 15 (3) by adding at the end the following: 16 ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS OF 17 MONEY OR OTHER PROPERTY.—Any gifts, devises, or be- 18 quests of amounts or other property, or any other amounts 19 or other property, transferred to, deposited with, or other- 20 wise in the possession of the Foundation pursuant to this 21 Act, may be made available by the Foundation to Federal 22 departments, agencies, or instrumentalities and may be 23 accepted and expended (or the disposition of the amounts 24 or property directed), without further appropriation, by 25 VerDate Sep 11 2014 23:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1139.IS S1139 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1139 IS those Federal departments, agencies, or instrumentalities, 1 subject to the condition that the amounts or property be 2 used for purposes that further the conservation and man- 3 agement of fish, wildlife, plants, and other natural re- 4 sources.’’. 5 (d) LIMITATION ON AUTHORITY.—Section 11 of the 6 National Fish and Wildlife Foundation Establishment Act 7 (16 U.S.C. 3710) is amended by inserting ‘‘exclusive’’ be- 8 fore ‘‘authority’’. 9 Æ VerDate Sep 11 2014 23:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S1139.IS S1139 pamtmann on DSKBFK8HB2PROD with BILLS