Wildlife and Sport Fish Restoration Programs Improvement Act of 2000 (Pub.L. 106-408, Sec. 11)

PUBLIC LAW 106–408—NOV. 1, 2000

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

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114 STAT. 1762

PUBLIC LAW 106–408—NOV. 1, 2000

Public Law 106–408
106th Congress
An Act
Nov. 1, 2000
[H.R. 3671]

To amend the Pittman-Robertson Wildlife Restoration 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.

Fish and Wildlife
Programs
Improvement
and National
Wildlife Refuge
System
Centennial Act of
2000.
16 USC 669 note.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This 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.
Sec.
Sec.
Sec.
Sec.

111.
112.
113.
114.

Subtitle A—Wildlife Restoration
Expenses for administration.
Firearm and bow hunter education and safety program grants.
Multistate conservation grant program.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.
207.
208.

TITLE II—NATIONAL FISH AND WILDLIFE FOUNDATION
Short title.
Purposes.
Board of Directors of the Foundation.
Rights and obligations of the Foundation.
Annual reporting of grant details.
Notice to Members of Congress.
Authorization of appropriations.
Limitation on authority.

TITLE III—NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL
Sec. 301. Short title.

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PUBLIC LAW 106–408—NOV. 1, 2000

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 AND SPORT FISH
RESTORATION PROGRAMS
SEC. 101. 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. SHORT TITLE.

Wildlife and
Sport Fish
Restoration
Programs
Improvement Act
of 2000.
16 USC 669 note.

16 USC 669 note.

‘‘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. SHORT TITLE.

16 USC 777 note.

‘‘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;

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PUBLIC LAW 106–408—NOV. 1, 2000

‘‘(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 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;

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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 fulltime 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 fulltime 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

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PUBLIC LAW 106–408—NOV. 1, 2000

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 30day 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 PittmanRobertson 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:

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114 STAT. 1767

‘‘SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.

16 USC 669h–1.

‘‘(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. MULTISTATE CONSERVATION GRANT PROGRAM.

16 USC 669h–2.

‘‘(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

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114 STAT. 1768

Federal Register,
publication.

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PUBLIC LAW 106–408—NOV. 1, 2000
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 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 WildlifeAssociated Recreation; and
‘‘(C) subject to paragraph (2), a nongovernmental
organization.

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‘‘(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

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‘‘(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 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—

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‘‘(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 fulltime 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 fulltime 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 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 30day 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

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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:
16 USC 777m.

‘‘SEC. 14. 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

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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 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 WildlifeAssociated Recreation; and
‘‘(C) subject to paragraph (2), a nongovernmental
organization.

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‘‘(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 DingellJohnson 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’’.

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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 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)’’.

26 USC 9504.

Subtitle C—Wildlife and Sport Fish
Restoration Programs
SEC. 131. DESIGNATION OF PROGRAMS.

16 USC 669 note.

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. ASSISTANT DIRECTOR FOR WILDLIFE AND SPORT FISH RESTORATION PROGRAMS.

16 USC 742b–1.

(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. REPORTS AND CERTIFICATIONS.

16 USC 669k.

(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,

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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 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.—

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(1) IN GENERAL.—Not later than 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 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 FISH AND
WILDLIFE FOUNDATION
SEC. 201. SHORT TITLE.

Deadline.

Deadline.

National Fish
and Wildlife
Foundation
Establishment
Act Amendments
of 2000.

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

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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.

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‘‘(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.

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(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 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

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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:

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114 STAT. 1782
16 USC 3710.

PUBLIC LAW 106–408—NOV. 1, 2000

‘‘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.).’’.

TITLE III—NATIONAL WILDLIFE
REFUGE SYSTEM CENTENNIAL

National Wildlife
Refuge System
Centennial Act.
16 USC 668dd
note.

SEC. 301. SHORT TITLE.

16 USC 668dd
note.

SEC. 302. FINDINGS AND PURPOSES.

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This title may be cited as the ‘‘National Wildlife Refuge System
Centennial Act’’.

06:14 Nov 25, 2000

(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;

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(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 wildlifedependent recreation in the 21st century.
SEC. 303. NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL COMMISSION.

16 USC 668dd
note.

(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.

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114 STAT. 1784

PUBLIC LAW 106–408—NOV. 1, 2000

(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

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(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 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.

Termination.

SEC. 304. LONG-TERM PLANNING AND ANNUAL REPORTING REQUIREMENTS REGARDING THE OPERATION AND MAINTENANCE
BACKLOG.

16 USC 668dd
note.

(a) UNIFIED LONG-TERM PLAN.—Not 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

Deadline.

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114 STAT. 1786

PUBLIC LAW 106–408—NOV. 1, 2000

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.
16 USC 668dd
note.

SEC. 305. YEAR OF THE NATIONAL WILDLIFE REFUGE.

16 USC 668dd
note.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

16 USC 668dd
note.

SEC. 307. EFFECTIVE DATE.

(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.
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.
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.

Æ

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