National Fish and Wildlife Foundation Reauthorization Act of 2012 - Reauthorizes and revises the National Fish and Wildlife Foundation Establishment Act. Requires the Secretary of the Interior to appoint 28 directors (currently, 23) that are knowledgeable and experienced in matters relating to conservation of fish, wildlife, or other natural resources and represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation. Removes limitations on the appointment of such Foundation's officers and employees. Requires the Foundation's Executive Director to be appointed by and serve at the direction of the Board as the chief executive officer and to be knowledgeable and experienced in matters relating to fish and wildlife conservation.
Gives the Foundation the power to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.
Repeals provisions authorizing the Foundation to establish a national whale conservation endowment fund.
Authorizes appropriations for the Foundation for FY2012-FY2017.
Authorizes the Foundation to: (1) assess and collect fees for the management of amounts received from federal agencies; and (2) use such federal funds for matching contributions made by private persons, state and local agencies, and other entities (current law requires such use).
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6441 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6441
To reauthorize and amend the National Fish and Wildlife Foundation
Establishment Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2012
Mr. Grimm (for himself and Mr. Dingell) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To reauthorize and amend the National Fish and Wildlife Foundation
Establishment Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fish and Wildlife
Foundation Reauthorization Act of 2012''.
SEC. 2. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) In General.--Section 3 of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3702) is amended--
(1) in subsection (b)--
(A) by striking paragraph (2) and inserting the
following:
``(2) In general.--After consulting with the Secretary of
Commerce and considering the recommendations submitted by the
Board, the Secretary of the Interior shall appoint 28 Directors
who, to the maximum extent practicable, shall--
``(A) be knowledgeable and experienced in matters
relating to conservation of fish, wildlife, or other
natural resources; and
``(B) represent a balance of expertise in ocean,
coastal, freshwater, and terrestrial resource
conservation.''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Terms.--Each Director (other than a Director
described in paragraph (1)) shall be appointed for a term of 6
years.''; and
(2) in subsection (g)(2)--
(A) in subparagraph (A), by striking ``(A) Officers
and employees may not be appointed until the Foundation
has sufficient funds to pay them for their service.
Officers'' and inserting the following:
``(A) In general.--Officers''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Executive director.--The Foundation shall
have an Executive Director who shall be--
``(i) appointed by, and serve at the
direction of, the Board as the chief executive
officer of the Foundation; and
``(ii) knowledgeable and experienced in
matters relating to fish and wildlife
conservation.''.
(b) Conforming Amendment.--Section 4(a)(1)(B) of the North American
Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is amended by
striking ``Secretary of the Board'' and inserting ``Executive Director
of the Board''.
SEC. 3. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
Section 4 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3703) is amended--
(1) in subsection (c)--
(A) by striking ``(c) Powers.--To carry out its
purposes under'' and inserting the following:
``(c) Powers.--
``(1) In general.--To carry out the purposes described
in'';
(B) by redesignating paragraphs (1) through (11) as
subparagraphs (A) through (K), respectively, and
indenting appropriately;
(C) in subparagraph (D) (as redesignated by
subparagraph (B)), by striking ``that are insured by an
agency or instrumentality of the United States'' and
inserting ``at 1 or more financial institutions that
are members of the Federal Deposit Insurance
Corporation or the Securities Investment Protection
Corporation'';
(D) in subparagraph (E) (as redesignated by
subparagraph (B)), by striking ``paragraph (3) or (4)''
and inserting ``subparagraph (C) or (D)'';
(E) in subparagraph (J) (as redesignated by
subparagraph (B)), by striking ``; and'' and inserting
a semicolon;
(F) by striking subparagraph (K) (as redesignated
by subparagraph (B)) and inserting the following:
``(K) to receive and administer restitution and
community service payments, amounts for mitigation of
impacts to natural resources, and other amounts arising
from legal, regulatory, or administrative proceedings,
subject to the condition that the amounts are received
or administered for purposes that further the
conservation and management of fish, wildlife, plants,
and other natural resources; and
``(L) to do any and all acts necessary and proper
to carry out the purposes of the Foundation.''; and
(G) by striking the undesignated matter at the end
and inserting the following:
``(2) Treatment of real property.--
``(A) In general.--For purposes of this Act, an
interest in real property shall be treated as including
easements or other rights for preservation,
conservation, protection, or enhancement by and for the
public of natural, scenic, historic, scientific,
educational, inspirational, or recreational resources.
``(B) Encumbered real property.--A gift, devise, or
bequest may be accepted by the Foundation even though
the gift, devise, or bequest is encumbered, restricted,
or subject to beneficial interests of private persons
if any current or future interest in the gift, devise,
or bequest is for the benefit of the Foundation.
``(3) Savings clause.--The acceptance and administration of
amounts by the Foundation under paragraph (1)(K) does not
alter, supersede, or limit any regulatory or statutory
requirement associated with those amounts.'';
(2) by striking subsections (f) and (g); and
(3) by redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 2012 through
2017--
``(A) $15,000,000 to the Secretary of the Interior;
``(B) $5,000,000 to the Secretary of Agriculture;
and
``(C) $5,000,000 to the Secretary of Commerce.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Amounts from federal agencies.--
``(A) In general.--In addition to the amounts
authorized to be appropriated under subsection (a),
Federal departments, agencies, or instrumentalities may
provide Federal funds to the Foundation, subject to the
condition that the amounts are used for purposes that
further the conservation and management of fish,
wildlife, plants, and other natural resources in
accordance with this Act.
``(B) Advances.--Federal departments, agencies, or
instrumentalities may advance amounts described in
subparagraph (A) to the Foundation in a lump sum
without regard to when the expenses for which the
amounts are used are incurred.
``(C) Management fees.--The Foundation may assess
and collect fees for the management of amounts received
under this paragraph.'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``funds'' and inserting ``amounts'';
(ii) by striking ``shall be used'' and
inserting ``may be used''; and
(iii) by striking ``and State and local
government agencies'' and inserting ``, State
and local government agencies, and other
entities''; and
(C) by adding at the end the following:
``(3) Administration of amounts.--
``(A) In general.--In entering into contracts,
agreements, or other partnerships pursuant to this Act,
a Federal department, agency, or instrumentality shall
have discretion to waive any competitive process of
that department, agency, or instrumentality for
entering into contracts, agreements, or partnerships
with the Foundation if the purpose of the waiver is--
``(i) to address an environmental emergency
resulting from a natural or other disaster; or
``(ii) as determined by the head of the
applicable Federal department, agency, or
instrumentality, to reduce administrative
expenses and expedite the conservation and
management of fish, wildlife, plants, and other
natural resources.
``(B) Reports.--The Foundation shall include in the
annual report submitted under section 7(b) a
description of any use of the authority under
subparagraph (A) by a Federal department, agency, or
instrumentality in that fiscal year.''; and
(3) by adding at the end the following:
``(d) Use of Gifts, Devises, or Bequests of Money or Other
Property.--Any gifts, devises, or bequests of amounts or other
property, or any other amounts or other property, transferred to,
deposited with, or otherwise in the possession of the Foundation
pursuant to this Act, may be made available by the Foundation to
Federal departments, agencies, or instrumentalities and may be accepted
and expended (or the disposition of the amounts or property directed),
without further appropriation, by those Federal departments, agencies,
or instrumentalities, subject to the condition that the amounts or
property be used for purposes that further the conservation and
management of fish, wildlife, plants, and other natural resources.''.
SEC. 5. LIMITATION ON AUTHORITY.
Section 11 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3710) is amended by inserting
``exclusive'' before ``authority''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
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