[106th Congress Public Law 408] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ408.106] [[Page 1761]] FISH AND WILDLIFE PROGRAMS IMPROVEMENT AND NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL ACT OF 2000 [[Page 114 STAT. 1762]] Public Law 106-408 106th Congress An Act To amend the Pittman-Robertson Wildlife Restoration <<NOTE: Nov. 1, 2000 - [H.R. 3671]>> Act and the Dingell-Johnson Sport Fish Restoration Act to enhance the funds available for grants to States for fish and wildlife conservation projects, to reauthorize and amend the National Fish and Wildlife Foundation Establishment Act, to commemorate the centennial of the establishment of the first national wildlife refuge in the United States on March 14, 1903, and for other purposes. Be it enacted by the Senate and House of <<NOTE: Fish and Wildlife Programs Improvement and National Wildlife Refuge System Centennial Act of 2000.>> Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This <<NOTE: 16 USC 669 note.>> Act may be cited as the ``Fish and Wildlife Programs Improvement and National Wildlife Refuge System Centennial Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--WILDLIFE AND SPORT FISH RESTORATION PROGRAMS Sec. 101. Short titles. Subtitle A--Wildlife Restoration Sec. 111. Expenses for administration. Sec. 112. Firearm and bow hunter education and safety program grants. Sec. 113. Multistate conservation grant program. Sec. 114. Miscellaneous provision. Subtitle B--Sport Fish Restoration Sec. 121. Expenses for administration. Sec. 122. Multistate conservation grant program. Sec. 123. Funding of the Coastal Wetlands Planning, Protection and Restoration Act. Sec. 124. Period of availability. Sec. 125. Miscellaneous provision. Sec. 126. Conforming amendment. Subtitle C--Wildlife and Sport Fish Restoration Programs Sec. 131. Designation of programs. Sec. 132. Assistant Director for Wildlife and Sport Fish Restoration Programs. Sec. 133. Reports and certifications. TITLE II--NATIONAL FISH AND WILDLIFE FOUNDATION Sec. 201. Short title. Sec. 202. Purposes. Sec. 203. Board of Directors of the Foundation. Sec. 204. Rights and obligations of the Foundation. Sec. 205. Annual reporting of grant details. Sec. 206. Notice to Members of Congress. Sec. 207. Authorization of appropriations. Sec. 208. Limitation on authority. TITLE III--NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL Sec. 301. Short title. [[Page 114 STAT. 1763]] Sec. 302. Findings and purposes. Sec. 303. National Wildlife Refuge System Centennial Commission. Sec. 304. Long-term planning and annual reporting requirements regarding the operation and maintenance backlog. Sec. 305. Year of the National Wildlife Refuge. Sec. 306. Authorization of appropriations. Sec. 307. Effective date. TITLE I--WILDLIFE <<NOTE: Wildlife and Sport Fish Restoration Programs Improvement Act of 2000.>> AND SPORT FISH RESTORATION PROGRAMS SEC. 101. <<NOTE: 16 USC 669 note.>> SHORT TITLES. (a) This Title.--This title may be cited as the ``Wildlife and Sport Fish Restoration Programs Improvement Act of 2000''. (b) Pittman-Robertson Wildlife Restoration Act.--The Act of September 2, 1937 (16 U.S.C. 669 et seq.), is amended by adding at the end the following: ``SEC. 13. <<NOTE: 16 USC 669 note.>> SHORT TITLE. ``This Act may be cited as the `Pittman-Robertson Wildlife Restoration Act'.''. (c) Dingell-Johnson Sport Fish Restoration Act.--The Act of August 9, 1950 (16 U.S.C. 777 et seq.), is amended by adding at the end the following: ``SEC. 15. <<NOTE: 16 USC 777 note.>> SHORT TITLE. ``This Act may be cited as the `Dingell-Johnson Sport Fish Restoration Act'.''. Subtitle A--Wildlife Restoration SEC. 111. EXPENSES FOR ADMINISTRATION. (a) Set-Aside for Expenses for Administration of the Pittman- Robertson Wildlife Restoration Act.--Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by striking ``Sec. 4.'' and all that follows through the end of the first sentence of subsection (a) and inserting the following: ``SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS. ``(a) Set-Aside for Expenses for Administration of the Pittman- Robertson Wildlife Restoration Act.-- ``(1) In general.-- ``(A) Set-aside.--For fiscal year 2001 and each fiscal year thereafter, of the revenues (excluding interest accruing under section 3(b)) covered into the fund for the fiscal year, the Secretary of the Interior may use not more than the available amount specified in subparagraph (B) for the fiscal year for expenses for administration incurred in implementation of this Act, in accordance with this subsection and section 9. ``(B) Available amounts.--The available amount referred to in subparagraph (A) is-- ``(i) for each of fiscal years 2001 and 2002, $9,000,000; [[Page 114 STAT. 1764]] ``(ii) for fiscal year 2003, $8,212,000; and ``(iii) for fiscal year 2004 and each fiscal year thereafter, the sum of-- ``(I) the available amount for the preceding fiscal year; and ``(II) the amount determined by multiplying-- ``(aa) the available amount for the preceding fiscal year; and ``(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(2) Period of availability; apportionment of unobligated amounts.-- ``(A) Period of availability.--For each fiscal year, the available amount under paragraph (1) shall remain available for obligation for use under that paragraph until the end of the fiscal year. ``(B) Apportionment <<NOTE: Deadline.>> of unobligated amounts.--Not later than 60 days after the end of a fiscal year, the Secretary of the Interior shall apportion among the States any of the available amount under paragraph (1) that remains unobligated at the end of the fiscal year, on the same basis and in the same manner as other amounts made available under this Act are apportioned among the States for the fiscal year. ``(b) Apportionment to States.--''; (3) in subsection (b) (as designated by paragraph (2)), by striking ``after making the aforesaid deduction, shall apportion, except as provided in subsection (b) of this section,'' and inserting ``after deducting the available amount under subsection (a), the amount apportioned under subsection (c), any amount apportioned under section 8A, and amounts provided as grants under sections 10 and 11, shall apportion''; and (4) in the first sentence of subsection (c) (as redesignated by paragraph (1)), by inserting ``Puerto Rico,'' after ``American Samoa,''. (b) Requirements and Restrictions Concerning Use of Amounts for Expenses for Administration.--Section 9 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h) is amended to read as follows: ``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR EXPENSES FOR ADMINISTRATION. ``(a) Authorized Expenses for Administration.--Except as provided in subsection (b), the Secretary of the Interior may use available amounts under section 4(a)(1) only for expenses for administration that directly support the implementation of this Act that consist of-- ``(1) personnel costs of employees who directly administer this Act on a full-time basis; ``(2) personnel costs of employees who directly administer this Act on a part-time basis for at least 20 hours each week, not to exceed the portion of those costs incurred with respect to the work hours of the employee during which the employee directly administers this Act, as those hours are certified by the supervisor of the employee; [[Page 114 STAT. 1765]] ``(3) support costs directly associated with personnel costs authorized under paragraphs (1) and (2), excluding costs associated with staffing and operation of regional offices of the United States Fish and Wildlife Service and the Department of the Interior other than for the purposes of this Act; ``(4) costs of determining under section 6(a) whether State comprehensive plans and projects are substantial in character and design; ``(5) overhead costs, including the costs of general administrative services, that are directly attributable to administration of this Act and are based on-- ``(A) actual costs, as determined by a direct cost allocation methodology approved by the Director of the Office of Management and Budget for use by Federal agencies; and ``(B) in the case of costs that are not determinable under subparagraph (A), an amount per full-time equivalent employee authorized under paragraphs (1) and (2) that does not exceed the amount charged or assessed for costs per full-time equivalent employee for any other division or program of the United States Fish and Wildlife Service; ``(6) costs incurred in auditing, every 5 years, the wildlife and sport fish activities of each State fish and game department and the use of funds under section 6 by each State fish and game department; ``(7) costs of audits under subsection (d); ``(8) costs of necessary training of Federal and State full- time personnel who administer this Act to improve administration of this Act; ``(9) costs of travel to States, territories, and Canada by personnel who-- ``(A) administer this Act on a full-time basis for purposes directly related to administration of State programs or projects; or ``(B) administer grants under section 6, 10, or 11; ``(10) costs of travel outside the United States (except travel to Canada), by personnel who administer this Act on a full-time basis, for purposes that directly relate to administration of this Act and that are approved directly by the Assistant Secretary for Fish and Wildlife and Parks; ``(11) relocation expenses for personnel who, after relocation, will administer this Act on a full-time basis for at least 1 year, as certified by the Director of the United States Fish and Wildlife Service at the time at which the relocation expenses are incurred; and ``(12) costs to audit, evaluate, approve, disapprove, and advise concerning grants under sections 6, 10, and 11. ``(b) Reporting of Other Uses.-- ``(1) In general.--Subject to paragraph (2), if the Secretary of the Interior determines that available amounts under section 4(a)(1) should be used for an expense for administration other than an expense for administration described in subsection (a), the Secretary-- ``(A) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report [[Page 114 STAT. 1766]] describing the expense for administration and stating the amount of the expense; and ``(B) may use any such available amounts for the expense for administration only after the end of the 30- day period beginning on the date of submission of the report under subparagraph (A). ``(2) Maximum amount.--For any fiscal year, the Secretary of the Interior may use under paragraph (1) not more than $25,000. ``(c) Restriction on Use To Supplement General Appropriations.--The Secretary of the Interior shall not use available amounts under subsection (b) to supplement the funding of any function for which general appropriations are made for the United States Fish and Wildlife Service or any other entity of the Department of the Interior. ``(d) Audit Requirement.-- ``(1) In general.--The Inspector General of the Department of the Interior shall procure the performance of biennial audits, in accordance with generally accepted accounting principles, of expenditures and obligations of amounts used by the Secretary of the Interior for expenses for administration incurred in implementation of this Act. ``(2) Auditor.-- ``(A) In general.--An audit under this subsection shall be performed under a contract that is awarded under competitive procedures (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) by a person or entity that is not associated in any way with the Department of the Interior (except by way of a contract for the performance of an audit or other review). ``(B) Supervision of auditor.--The auditor selected under subparagraph (A) shall report to, and be supervised by, the Inspector General of the Department of the Interior, except that the auditor shall submit a copy of the biennial audit findings to the Secretary of the Interior at the time at which the findings are submitted to the Inspector General of the Department of the Interior. ``(3) Report to congress.--The Inspector General of the Department of the Interior shall promptly submit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate-- ``(A) a report on the results of each audit under this subsection; and ``(B) a copy of each audit under this subsection.''. (c) Conforming Amendment.--Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended in the first sentence by striking ``section 4(b) of this Act'' and inserting ``section 4(c)''. SEC. 112. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS. The Pittman-Robertson Wildlife Restoration Act is amended-- (1) by redesignating section 10 (16 U.S.C. 669i) as section 12; and (2) by inserting after section 9 (16 U.S.C. 669h) the following: [[Page 114 STAT. 1767]] ``SEC. 10. <<NOTE: 16 USC 669h-1.>> FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS. ``(a) In General.-- ``(1) Grants.--Of the revenues covered into the fund, $7,500,000 for each of fiscal years 2001 and 2002, and $8,000,000 for fiscal year 2003 and each fiscal year thereafter, shall be apportioned among the States in the manner specified in section 4(c) by the Secretary of the Interior and used to make grants to the States to be used for-- ``(A) in the case of a State that has not used all of the funds apportioned to the State under section 4(c) for the fiscal year in the manner described in section 8(b)-- ``(i) the enhancement of hunter education programs, hunter and sporting firearm safety programs, and hunter development programs; ``(ii) the enhancement of interstate coordination and development of hunter education and shooting range programs; ``(iii) the enhancement of bow hunter and archery education, safety, and development programs; and ``(iv) the enhancement of construction or development of firearm shooting ranges and archery ranges, and the updating of safety features of firearm shooting ranges and archery ranges; and ``(B) in the case of a State that has used all of the funds apportioned to the State under section 4(c) for the fiscal year in the manner described in section 8(b), any use authorized by this Act (including hunter safety programs and the construction, operation, and maintenance of public target ranges). ``(2) Limitation on use.--Under paragraph (1), a State shall not be required to use more than the amount described in section 8(b) for hunter safety programs and the construction, operation, and maintenance of public target ranges. ``(b) Cost Sharing.--The Federal share of the cost of any activity carried out with a grant under this section shall not exceed 75 percent of the total cost of the activity. ``(c) Period of Availability; Reapportionment.-- ``(1) Period of availability.--Amounts made available and apportioned for grants under this section shall remain available only for the fiscal year for which the amounts are apportioned. ``(2) Reapportionment.--At the end of the period of availability under paragraph (1), the Secretary of the Interior shall apportion amounts made available that have not been used to make grants under this section among the States described in subsection (a)(1)(B) for use by those States in accordance with this Act.''. SEC. 113. MULTISTATE CONSERVATION GRANT PROGRAM. The Pittman-Robertson Wildlife Restoration Act (as amended by section 112) is amended by inserting after section 10 the following: ``SEC. 11. <<NOTE: 16 USC 669h-2.>> MULTISTATE CONSERVATION GRANT PROGRAM. ``(a) In General.-- ``(1) Amount for grants.--Not more than $3,000,000 of the revenues covered into the fund for a fiscal year shall be [[Page 114 STAT. 1768]] available to the Secretary of the Interior for making multistate conservation project grants in accordance with this section. ``(2) Period of availability; apportionment.-- ``(A) Period of availability.--Amounts made available under paragraph (1) shall remain available for making grants only for the first fiscal year for which the amount is made available and the following fiscal year. ``(B) Apportionment.--At the end of the period of availability under subparagraph (A), the Secretary of the Interior shall apportion any amounts that remain available among the States in the manner specified in section 4(b) for use by the States in the same manner as funds apportioned under section 4(b). ``(b) Selection of Projects.-- ``(1) States or entities to be benefited.--A project shall not be eligible for a grant under this section unless the project will benefit-- ``(A) at least 26 States; ``(B) a majority of the States in a region of the United States Fish and Wildlife Service; or ``(C) a regional association of State fish and game departments. ``(2) Use of submitted priority list of projects.--The Secretary of the Interior may make grants under this section only for projects identified on a priority list of wildlife restoration projects described in paragraph (3). ``(3) Priority list of projects.--A priority list referred to in paragraph (2) is a priority list of wildlife restoration projects that the International Association of Fish and Wildlife Agencies-- ``(A) prepares through a committee comprised of the heads of State fish and game departments (or their designees), in consultation with-- ``(i) nongovernmental organizations that represent conservation organizations; ``(ii) sportsmen organizations; and ``(iii) industries that support or promote hunting, trapping, recreational shooting, bow hunting, or archery; ``(B) approves by vote of a majority of the heads of State fish and game departments (or their designees); and ``(C) not later than October 1 of each fiscal year, submits to the Assistant Director for Wildlife and Sport Fish Restoration Programs. ``(4) Publication.--The Assistant <<NOTE: Federal Register, publication.>> Director for Wildlife and Sport Fish Restoration Programs shall publish in the Federal Register each priority list submitted under paragraph (3)(C). ``(c) Eligible Grantees.-- ``(1) In general.--The Secretary of the Interior may make a grant under this section only to-- ``(A) a State or group of States; ``(B) the United States Fish and Wildlife Service, or a State or group of States, for the purpose of carrying out the National Survey of Fishing, Hunting, and Wildlife-Associated Recreation; and ``(C) subject to paragraph (2), a nongovernmental organization. [[Page 114 STAT. 1769]] ``(2) Nongovernmental organizations.-- ``(A) In general.--Any nongovernmental organization that applies for a grant under this section shall submit with the application to the International Association of Fish and Wildlife Agencies a certification that the organization-- ``(i) will not use the grant funds to fund, in whole or in part, any activity of the organization that promotes or encourages opposition to the regulated hunting or trapping of wildlife; and ``(ii) will use the grant funds in compliance with subsection (d). ``(B) Penalties for certain activities.--Any nongovernmental organization that is found to use grant funds in violation of subparagraph (A) shall return all funds received under this section and be subject to any other applicable penalties under law. ``(d) Use of Grants.--A grant under this section shall not be used, in whole or in part, for an activity, project, or program that promotes or encourages opposition to the regulated hunting or trapping of wildlife. ``(e) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any activity carried out under this section.''. SEC. 114. MISCELLANEOUS PROVISION. Section 5 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669d) is amended in the first sentence-- (1) by inserting ``, at the time at which a deduction or apportionment is made,'' after ``certify''; and (2) by striking ``and executing''. Subtitle B--Sport Fish Restoration SEC. 121. EXPENSES FOR ADMINISTRATION. (a) Set-Aside for Expenses for Administration of the Dingell-Johnson Sport Fish Restoration Act.--Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended by striking subsection (d) and inserting the following: ``(d) Set-Aside for Expenses for Administration of the Dingell- Johnson Sport Fish Restoration Act.-- ``(1) In general.-- ``(A) Set-aside.--For fiscal year 2001 and each fiscal year thereafter, of the balance of each such annual appropriation remaining after the distribution and use under subsections (a), (b), and (c) and section 14, the Secretary of the Interior may use not more than the available amount specified in subparagraph (B) for the fiscal year for expenses for administration incurred in implementation of this Act, in accordance with this subsection and section 9. ``(B) Available amounts.--The available amount referred to in subparagraph (A) is-- ``(i) for each of fiscal years 2001 and 2002, $9,000,000; ``(ii) for fiscal year 2003, $8,212,000; and [[Page 114 STAT. 1770]] ``(iii) for fiscal year 2004 and each fiscal year thereafter, the sum of-- ``(I) the available amount for the preceding fiscal year; and ``(II) the amount determined by multiplying-- ``(aa) the available amount for the preceding fiscal year; and ``(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(2) Period of availability; apportionment of unobligated amounts.-- ``(A) Period of availability.--For each fiscal year, the available amount under paragraph (1) shall remain available for obligation for use under that paragraph until the end of the fiscal year. ``(B) Apportionment of <<NOTE: Deadline.>> unobligated amounts.--Not later than 60 days after the end of a fiscal year, the Secretary of the Interior shall apportion among the States any of the available amount under paragraph (1) that remains unobligated at the end of the fiscal year, on the same basis and in the same manner as other amounts made available under this Act are apportioned among the States under subsection (e) for the fiscal year.''. (b) Requirements and Restrictions Concerning Use of Amounts for Expenses for Administration.--Section 9 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777h) is amended to read as follows: ``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR EXPENSES FOR ADMINISTRATION. ``(a) Authorized Expenses for Administration.--Except as provided in subsection (b), the Secretary of the Interior may use available amounts under section 4(d)(1) only for expenses for administration that directly support the implementation of this Act that consist of-- ``(1) personnel costs of employees who directly administer this Act on a full-time basis; ``(2) personnel costs of employees who directly administer this Act on a part-time basis for at least 20 hours each week, not to exceed the portion of those costs incurred with respect to the work hours of the employee during which the employee directly administers this Act, as those hours are certified by the supervisor of the employee; ``(3) support costs directly associated with personnel costs authorized under paragraphs (1) and (2), excluding costs associated with staffing and operation of regional offices of the United States Fish and Wildlife Service and the Department of the Interior other than for the purposes of this Act; ``(4) costs of determining under section 6(a) whether State comprehensive plans and projects are substantial in character and design; ``(5) overhead costs, including the costs of general administrative services, that are directly attributable to administration of this Act and are based on-- [[Page 114 STAT. 1771]] ``(A) actual costs, as determined by a direct cost allocation methodology approved by the Director of the Office of Management and Budget for use by Federal agencies; and ``(B) in the case of costs that are not determinable under subparagraph (A), an amount per full-time equivalent employee authorized under paragraphs (1) and (2) that does not exceed the amount charged or assessed for costs per full-time equivalent employee for any other division or program of the United States Fish and Wildlife Service; ``(6) costs incurred in auditing, every 5 years, the wildlife and sport fish activities of each State fish and game department and the use of funds under section 6 by each State fish and game department; ``(7) costs of audits under subsection (d); ``(8) costs of necessary training of Federal and State full- time personnel who administer this Act to improve administration of this Act; ``(9) costs of travel to States, territories, and Canada by personnel who-- ``(A) administer this Act on a full-time basis for purposes directly related to administration of State programs or projects; or ``(B) administer grants under section 6 or 14; ``(10) costs of travel outside the United States (except travel to Canada), by personnel who administer this Act on a full-time basis, for purposes that directly relate to administration of this Act and that are approved directly by the Assistant Secretary for Fish and Wildlife and Parks; ``(11) relocation expenses for personnel who, after relocation, will administer this Act on a full-time basis for at least 1 year, as certified by the Director of the United States Fish and Wildlife Service at the time at which the relocation expenses are incurred; and ``(12) costs to audit, evaluate, approve, disapprove, and advise concerning grants under sections 6 and 14. ``(b) Reporting of Other Uses.-- ``(1) In general.--Subject to paragraph (2), if the Secretary of the Interior determines that available amounts under section 4(d)(1) should be used for an expense for administration other than an expense for administration described in subsection (a), the Secretary-- ``(A) shall <<NOTE: Reports.>> submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report describing the expense for administration and stating the amount of the expense; and ``(B) may use any such available amounts for the expense for administration only after the end of the 30- day period beginning on the date of submission of the report under subparagraph (A). ``(2) Maximum amount.--For any fiscal year, the Secretary of the Interior may use under paragraph (1) not more than $25,000. ``(c) Restriction on Use To Supplement General Appropriations.--The Secretary of the Interior shall not use available [[Page 114 STAT. 1772]] amounts under subsection (b) to supplement the funding of any function for which general appropriations are made for the United States Fish and Wildlife Service or any other entity of the Department of the Interior. ``(d) Audit Requirement.-- ``(1) In general.--The Inspector General of the Department of the Interior shall procure the performance of biennial audits, in accordance with generally accepted accounting principles, of expenditures and obligations of amounts used by the Secretary of the Interior for expenses for administration incurred in implementation of this Act. ``(2) Auditor.-- ``(A) In general.--An audit under this subsection shall be performed under a contract that is awarded under competitive procedures (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) by a person or entity that is not associated in any way with the Department of the Interior (except by way of a contract for the performance of an audit or other review). ``(B) Supervision of auditor.--The auditor selected under subparagraph (A) shall report to, and be supervised by, the Inspector General of the Department of the Interior, except that the auditor shall submit a copy of the biennial audit findings to the Secretary of the Interior at the time at which the findings are submitted to the Inspector General of the Department of the Interior. ``(3) Report to congress.--The Inspector General of the Department of the Interior shall promptly submit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate-- ``(A) a report on the results of each audit under this subsection; and ``(B) a copy of each audit under this subsection.''. (c) Expenses for Administration of Certain Programs.--Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended by adding at the end the following: ``(g) Expenses for Administration of Certain Programs.-- ``(1) In general.--For each fiscal year, of the amounts appropriated under section 3, the Secretary of the Interior shall use only funds authorized for use under subsections (a), (b)(3)(A), (b)(3)(B), and (c) to pay the expenses for administration incurred in carrying out the provisions of law referred to in those subsections, respectively. ``(2) Maximum amount.--For each fiscal year, the Secretary of the Interior may use not more than $900,000 in accordance with paragraph (1).''. SEC. 122. MULTISTATE CONSERVATION GRANT PROGRAM. (a) Establishment of Program.--The Dingell-Johnson Sport Fish Restoration Act is amended-- (1) by striking the section 13 relating to effective date (16 U.S.C. 777 note) and inserting the following: ``SEC. 14. <<NOTE: 16 USC 777m.>> MULTISTATE CONSERVATION GRANT PROGRAM. ``(a) In General.-- ``(1) Amount for grants.--Of the balance of each annual appropriation made under section 3 remaining after the distribution and use under subsections (a), (b), and (c) of section [[Page 114 STAT. 1773]] 4 in a fiscal year, not more than $3,000,000 shall be available to the Secretary of the Interior for making multistate conservation project grants in accordance with this section. ``(2) Period of availability; apportionment.-- ``(A) Period of availability.--Amounts made available under paragraph (1) shall remain available for making grants only for the first fiscal year for which the amount is made available and the following fiscal year. ``(B) Apportionment.--At the end of the period of availability under subparagraph (A), the Secretary of the Interior shall apportion any amounts that remain available among the States in the manner specified in section 4(e) for use by the States in the same manner as funds apportioned under section 4(e). ``(b) Selection of Projects.-- ``(1) States or entities to be benefited.--A project shall not be eligible for a grant under this section unless the project will benefit-- ``(A) at least 26 States; ``(B) a majority of the States in a region of the United States Fish and Wildlife Service; or ``(C) a regional association of State fish and game departments. ``(2) Use of submitted priority list of projects.--The Secretary of the Interior may make grants under this section only for projects identified on a priority list of sport fish restoration projects described in paragraph (3). ``(3) Priority list of projects.--A priority list referred to in paragraph (2) is a priority list of sport fish restoration projects that the International Association of Fish and Wildlife Agencies-- ``(A) prepares through a committee comprised of the heads of State fish and game departments (or their designees), in consultation with-- ``(i) nongovernmental organizations that represent conservation organizations; ``(ii) sportsmen organizations; and ``(iii) industries that fund the sport fish restoration programs under this Act; ``(B) approves by vote of a majority of the heads of State fish and game departments (or their designees); and ``(C) not later than October 1 of each fiscal year, submits to the Assistant Director for Wildlife and Sport Fish Restoration Programs. ``(4) Publication.--The Assistant <<NOTE: Federal Register, publication.>> Director for Wildlife and Sport Fish Restoration Programs shall publish in the Federal Register each priority list submitted under paragraph (3)(C). ``(c) Eligible Grantees.-- ``(1) In general.--The Secretary of the Interior may make a grant under this section only to-- ``(A) a State or group of States; ``(B) the United States Fish and Wildlife Service, or a State or group of States, for the purpose of carrying out the National Survey of Fishing, Hunting, and Wildlife-Associated Recreation; and ``(C) subject to paragraph (2), a nongovernmental organization. [[Page 114 STAT. 1774]] ``(2) Nongovernmental organizations.-- ``(A) In general.--Any nongovernmental organization that applies for a grant under this section shall submit with the application to the International Association of Fish and Wildlife Agencies a certification that the organization-- ``(i) will not use the grant funds to fund, in whole or in part, any activity of the organization that promotes or encourages opposition to the regulated taking of fish; and ``(ii) will use the grant funds in compliance with subsection (d). ``(B) Penalties for certain activities.--Any nongovernmental organization that is found to use grant funds in violation of subparagraph (A) shall return all funds received under this section and be subject to any other applicable penalties under law. ``(d) Use of Grants.--A grant under this section shall not be used, in whole or in part, for an activity, project, or program that promotes or encourages opposition to the regulated taking of fish. ``(e) Funding for Other Activities.--Of the balance of each annual appropriation made under section 3 remaining after the distribution and use under subsections (a), (b), and (c) of section 4 for each fiscal year and after deducting amounts used for grants under subsection (a)-- ``(1) $200,000 shall be made available for each of-- ``(A) the Atlantic States Marine Fisheries Commission; ``(B) the Gulf States Marine Fisheries Commission; ``(C) the Pacific States Marine Fisheries Commission; and ``(D) the Great Lakes Fisheries Commission; and ``(2) $400,000 shall be made available for the Sport Fishing and Boating Partnership Council established by the United States Fish and Wildlife Service. ``(f ) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any activity carried out under this section.''; and (2) by moving that section to appear after the section 13 relating to State use of contributions (16 U.S.C. 777l). (b) Conforming Amendment.--Section 4(e) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(e)) is amended in the first sentence by inserting ``and after deducting amounts used for grants under section 14,'' after ``respectively,''. SEC. 123. FUNDING OF THE COASTAL WETLANDS PLANNING, PROTECTION AND RESTORATION ACT. Section 4(a) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)) is amended in the second sentence by striking ``2000'' and inserting ``2009''. SEC. 124. PERIOD OF AVAILABILITY. Section 4(f ) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(f )) is amended in the first sentence by striking ``, and if '' and all that follows through ``recreation''. [[Page 114 STAT. 1775]] SEC. 125. MISCELLANEOUS PROVISION. Section 5 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777d) is amended-- (1) by inserting ``, at the time at which a deduction or apportionment is made,'' after ``certify''; and (2) by striking ``and executing''. SEC. 126. CONFORMING AMENDMENT. Section <<NOTE: 26 USC 9504.>> 9504(b)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``(as in effect on the date of the enactment of the TEA 21 Restoration Act)'' and inserting ``(as in effect on the date of the enactment of the Wildlife and Sport Fish Restoration Programs Improvement Act of 2000)''. Subtitle C--Wildlife and Sport Fish Restoration Programs SEC. 131. <<NOTE: 16 USC 669 note.>> DESIGNATION OF PROGRAMS. The programs established under the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.) shall be known as the ``Federal Assistance Program for State Wildlife and Sport Fish Restoration''. SEC. 132. <<NOTE: 16 USC 742b-1.>> ASSISTANT DIRECTOR FOR WILDLIFE AND SPORT FISH RESTORATION PROGRAMS. (a) Establishment.--There is established in the United States Fish and Wildlife Service of the Department of the Interior the position of Assistant Director for Wildlife and Sport Fish Restoration Programs. (b) Superior.--The Assistant Director for Wildlife and Sport Fish Restoration Programs shall report directly to the Director of the United States Fish and Wildlife Service. (c) Responsibilities.--The Assistant Director for Wildlife and Sport Fish Restoration Programs shall be responsible for the administration, management, and oversight of the Federal Assistance Program for State Wildlife and Sport Fish Restoration under the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.). SEC. 133. <<NOTE: 16 USC 669k.>> REPORTS AND CERTIFICATIONS. (a) Implementation Report.-- (1) In general.--At the time at which the President submits to Congress a budget request for the Department of the Interior for fiscal year 2002, the Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the steps that have been taken to comply with this title and the amendments made by this title. (2) Contents.--The report under paragraph (1) shall describe-- (A) the extent to which compliance with this title and the amendments made by this title has required a reduction in the number of personnel assigned to administer, manage, [[Page 114 STAT. 1776]] and oversee the Federal Assistance Program for State Wildlife and Sport Fish Restoration; (B) any revisions to this title or the amendments made by this title that would be desirable in order for the Secretary of the Interior to adequately administer the Program and ensure that funds provided to State agencies are properly used; and (C) any other information concerning the implementation of this title and the amendments made by this title that the Secretary of the Interior considers appropriate. (b) Projected Spending Report.--At the time at which the President submits a budget request for the Department of the Interior for fiscal year 2002 and each fiscal year thereafter, the Secretary of the Interior shall report in writing to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate the amounts, broken down by category, that are intended to be used for the fiscal year under section 4(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)(1)) and section 4(d)(1) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(d)(1)). (c) Spending Certification and Report.-- Not <<NOTE: Deadline.>> later than 60 days after the end of each fiscal year, the Secretary of the Interior shall certify and report in writing to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate-- (1) the amounts, broken down by category, that were used for the fiscal year under section 4(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)(1)) and section 4(d)(1) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(d)(1)); (2) the amounts apportioned to States for the fiscal year under section 4(a)(2) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)(2)) and section 4(d)(2)(A) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(d)(2)(A)); (3) the results of the audits performed under section 9(d) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(d) and section 9(d) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777h(d)); (4) that all amounts used for the fiscal year under section 4(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)(1)) and section 4(d)(1) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(d)(1)) were necessary for expenses for administration incurred in implementation of those Acts; (5) that all amounts used for the fiscal year to administer those Acts by agency headquarters and by regional offices of the United States Fish and Wildlife Service were used in accordance with those Acts; and (6) that the Secretary of the Interior, the Assistant Secretary for Fish and Wildlife and Parks, the Director of the United States Fish and Wildlife Service, and the Assistant Director for Wildlife and Sport Fish Restoration Programs each properly discharged their duties under those Acts. (d) Certifications by States.-- [[Page 114 STAT. 1777]] (1) In general.--Not later than <<NOTE: Deadline.>> 60 days after the end of each fiscal year, each State that received amounts apportioned under the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) or the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.) for the fiscal year shall certify to the Secretary of the Interior in writing that the amounts were expended by the State in accordance with each of those Acts. (2) Transmission to congress.--Not <<NOTE: Deadline.>> later than December 31 of a fiscal year, the Secretary of the Interior shall transmit all certifications under paragraph (1) for the previous fiscal year to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate. (e) Limitation on Delegation.--The Secretary of the Interior shall not delegate the responsibility for making a certification under subsection (c) to any person except the Assistant Secretary for Fish and Wildlife and Parks. TITLE II--NATIONAL <<NOTE: National Fish and Wildlife Foundation Establishment Act Amendments of 2000.>> FISH AND WILDLIFE FOUNDATION SEC. 201. SHORT TITLE. This title may be cited as the ``National Fish and Wildlife Foundation Establishment Act Amendments of 2000''. SEC. 202. PURPOSES. Section 2(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph (1) and inserting the following: ``(1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, to further the conservation and management of fish, wildlife, plants, and other natural resources;''. SEC. 203. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (a) and inserting the following: ``(a) Establishment and Membership.-- ``(1) In general.--The Foundation shall have a governing Board of Directors (referred to in this Act as the `Board'), which shall consist of 25 Directors appointed in accordance with subsection (b), each of whom shall be a United States citizen. ``(2) Representation of diverse points of view.--To the maximum extent practicable, the membership of the Board shall represent diverse points of view relating to conservation and management of fish, wildlife, plants, and other natural resources. ``(3) Not federal employees.--Appointment as a Director of the Foundation shall not constitute employment by, or the [[Page 114 STAT. 1778]] holding of an office of, the United States for the purpose of any Federal law.''. (b) Appointment and Terms.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (b) and inserting the following: ``(b) Appointment and Terms.-- ``(1) Agency heads.--The Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere shall be Directors of the Foundation. ``(2) Appointments by the secretary of the interior.-- ``(A) In general.--Subject to subparagraph (B), after consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 23 Directors who meet the criteria established by subsection (a), of whom-- ``(i) at least six shall be educated or experienced in fish, wildlife, or other natural resource conservation; ``(ii) at least four shall be educated or experienced in the principles of fish, wildlife, or other natural resource management; and ``(iii) at least four shall be educated or experienced in ocean and coastal resource conservation. ``(B) Transition provision.-- ``(i) Continuation of terms.--The 15 Directors serving on the Board as of the date of the enactment of this paragraph shall continue to serve until the expiration of their terms. ``(ii) New directors.--Subject to paragraph (3), the Secretary of the Interior shall appoint eight new Directors. ``(3) Terms.-- ``(A) In general.--Subject to subparagraph (B), each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years. ``(B) Initial appointments to new member positions.--Of the Directors appointed by the Secretary of the Interior under paragraph (2)(B)(ii), the Secretary shall appoint, in fiscal year 2001, three Directors for a term of 6 years. ``(C) Subsequent appointments to new member positions.--Of the Directors appointed by the Secretary of the Interior under paragraph (2)(B)(ii), the Secretary shall appoint, in fiscal year 2002-- ``(i) two Directors for a term of 2 years; and ``(ii) three Directors for a term of 4 years. ``(4) Vacancies.-- ``(A) In general.--The Secretary of the Interior shall fill a vacancy on the Board. ``(B) Term of appointments to fill unexpired terms.--An individual appointed to fill a vacancy that occurs before the expiration of the term of a Director shall be appointed for the remainder of the term. ``(5) Reappointment.--An individual (other than an individual described in paragraph (1)) shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years. [[Page 114 STAT. 1779]] ``(6) Request for removal.--The executive committee of the Board may submit to the Secretary of the Interior a letter describing the nonperformance of a Director and requesting the removal of the Director from the Board. ``(7) Consultation before removal.--Before removing any Director from the Board, the Secretary of the Interior shall consult with the Secretary of Commerce.''. (c) Technical Amendments.-- (1) Section 4(c)(5) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended by striking ``Directors of the Board'' and inserting ``Directors of the Foundation''. (2) Section 6 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3705) is amended-- (A) by striking ``Secretary'' and inserting ``Secretary of the Interior or the Secretary of Commerce''; and (B) by inserting ``or the Department of Commerce'' after ``Department of the Interior''. SEC. 204. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. (a) Principal Office of the Foundation.--Section 4(a)(3) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(a)(3)) is amended by inserting after ``the District of Columbia'' the following: ``or in a county in the State of Maryland or Virginia that borders on the District of Columbia''. (b) Investment and Deposit of Federal Funds.--Section 4(c) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)) is amended-- (1) by redesignating paragraphs (3) through (7) as paragraphs (7) through (11), respectively; and (2) by inserting after paragraph (2) the following: ``(3) to invest any funds provided to the Foundation by the Federal Government in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States; ``(4) to deposit any funds provided to the Foundation by the Federal Government into accounts that are insured by an agency or instrumentality of the United States; ``(5) to make use of any interest or investment income that accrues as a consequence of actions taken under paragraph (3) or (4) to carry out the purposes of the Foundation; ``(6) to use Federal funds to make payments under cooperative agreements entered into with willing private landowners to provide substantial long-term benefits for the restoration or enhancement of fish, wildlife, plants, and other natural resources on private land;''. (c) Agency Approval of Acquisitions of Property.--Section 4(e)(1) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) the Foundation notifies the Federal agency that administers the program under which the funds were provided of the proposed acquisition, and the agency does not object in writing to the proposed acquisition within 60 calendar days after the date of the notification.''. (d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703 note) is repealed. [[Page 114 STAT. 1780]] (e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting the following: ``(ii) the <<NOTE: Deadline.>> Foundation notifies the Federal agency that administers the Federal program under which the funds were provided of the proposed conveyance or provision of Federal funds, and the agency does not object in writing to the proposed conveyance or provision of Federal funds within 60 calendar days after the date of the notification.''. (f ) Reconveyance of Real Property.--Section 4(e) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is amended by striking paragraph (5) and inserting the following: ``(5) Reconveyance of real property.-- The <<NOTE: Deadline.>> Foundation shall convey at not less than fair market value any real property acquired by the Foundation in whole or in part with Federal funds if the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided, and the agency does not disagree within 60 calendar days after the date of the notification, that-- ``(A) the property is no longer valuable for the purpose of conservation or management of fish, wildlife, plants, and other natural resources; and ``(B) the purposes of the Foundation would be better served by use of the proceeds of the conveyance for other authorized activities of the Foundation.''. (g) Expenditures for Printing Services or Capital Equipment.-- Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended by adding at the end the following: ``(h) Expenditures for Printing Services or Capital Equipment.--The Foundation shall not make any expenditure of Federal funds in connection with any one transaction for printing services or capital equipment that is greater than $10,000 unless the expenditure is approved by the Federal agency that administers the Federal program under which the funds were provided.''. SEC. 205. ANNUAL REPORTING OF GRANT DETAILS. Section 7(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3706(b)) is amended-- (1) by striking ``Congress'' and inserting ``the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate''; and (2) by adding at the end the following: ``The report shall include a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation in the fiscal year.''. SEC. 206. NOTICE TO MEMBERS OF CONGRESS. Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) (as amended by section 204(g)) is amended by adding at the end the following: ``(i) Notice to Members of Congress.--The Foundation shall not make a grant of funds unless, by not later than 30 days before the grant is made, the Foundation provides notice of the grant to the Member of Congress for the congressional district [[Page 114 STAT. 1781]] in which the project to be funded with the grant will be carried out.''. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended by striking subsections (a), (b), and (c) and inserting the following: ``(a) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this Act for each of fiscal years 2001 through 2003-- ``(A) $20,000,000 to the Department of the Interior; and ``(B) $5,000,000 to the Department of Commerce. ``(2) Requirement of advance payment.--The amount made available for a fiscal year under paragraph (1) shall be provided to the Foundation in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of the fiscal year. ``(3) Use of appropriated funds.--Subject to paragraph (4), amounts made available under paragraph (1) shall be provided to the Foundation for use for matching, on a 1-to-1 basis, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. ``(4) Prohibition on use for administrative expenses.--No Federal funds made available under paragraph (1) shall be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. ``(b) Additional Authorization.-- ``(1) In general.--In addition to the amounts authorized to be appropriated under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with the requirements of this Act. ``(2) Use of funds accepted from federal agencies.--Federal funds provided to the Foundation under paragraph (1) shall be used by the Foundation for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. ``(c) Prohibition on Use of Grant Amounts for Litigation and Lobbying Expenses.--Amounts provided as a grant by the Foundation shall not be used for-- ``(1) any expense related to litigation; or ``(2) any activity the purpose of which is to influence legislation pending before Congress.''. SEC. 208. LIMITATION ON AUTHORITY. The National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) is amended by adding at the end the following: [[Page 114 STAT. 1782]] ``SEC. 11. LIMITATION ON <<NOTE: 16 USC 3710.>> AUTHORITY. ``Nothing in this Act authorizes the Foundation to perform any function the authority for which is provided to the National Park Foundation by Public Law 90-209 (16 U.S.C. 19e et seq.).''. TITLE III--NATIONAL <<NOTE: National Wildlife Refuge System Centennial Act.>> WILDLIFE REFUGE SYSTEM CENTENNIAL SEC. 301. <<NOTE: 16 USC 668dd note.>> SHORT TITLE. This title may be cited as the ``National Wildlife Refuge System Centennial Act''. SEC. 302. <<NOTE: 16 USC 668dd note.>> FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) President Theodore Roosevelt began the National Wildlife Refuge System by establishing the first refuge at Pelican Island, Florida, on March 14, 1903; (2) the National Wildlife Refuge System is comprised of more than 93,000,000 acres of Federal land managed by the United States Fish and Wildlife Service in more than 532 individual refuges and thousands of waterfowl production areas located in all 50 States and the territories of the United States; (3) the System is the only network of Federal land dedicated singularly to wildlife conservation and where wildlife-dependent recreation and environmental education are priority public uses; (4) the System serves a vital role in the conservation of millions of migratory birds, dozens of endangered species and threatened species, some of the premier fisheries of the United States, marine mammals, and the habitats on which such species of fish and wildlife depend; (5) each year the System provides millions of Americans with opportunities to participate in wildlife-dependent recreation, including hunting, fishing, and wildlife observation; (6)(A) public visitation to national wildlife refuges is growing, with more than 35,000,000 visitors annually; and (B) it is essential that visitor centers and public use facilities be properly constructed, operated, and maintained; (7) the National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f note; Public Law 105-242), and the amendments made by that Act, significantly enhance the ability of the United States Fish and Wildlife Service to incorporate volunteers and partnerships in refuge management; (8) as of the date of the enactment of this Act, the System has an unacceptable backlog of critical operation and maintenance needs; and (9) the occasion of the centennial of the System, in 2003, presents a historic opportunity to enhance natural resource stewardship and expand public enjoyment of the national wildlife refuges of the United States. (b) Purposes.--The purposes of this title are-- (1) to establish a commission to promote awareness by the public of the National Wildlife Refuge System as the System celebrates its centennial in 2003; (2) to develop a long-term plan to meet the priority operation, maintenance, and construction needs of the System; [[Page 114 STAT. 1783]] (3) to require an annual report on the needs of the System prepared in the context of-- (A) the budget submission of the Department of the Interior to the President; and (B) the President's budget request to Congress; and (4) to improve public use programs and facilities of the System to meet the increasing needs of the public for wildlife- dependent recreation in the 21st century. SEC. 303. <<NOTE: 16 USC 668dd note.>> NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL COMMISSION. (a) Establishment.--There is established the National Wildlife Refuge System Centennial Commission (referred to in this title as the ``Commission''). (b) Members.-- (1) In general.--The Commission shall be composed of-- (A) the Director of the United States Fish and Wildlife Service; (B) up to 10 individuals appointed by the Secretary of the Interior; (C) the chairman and ranking minority member of the Committee on Resources of the House of Representatives and of the Committee on Environment and Public Works of the Senate, who shall be nonvoting members; and (D) the congressional representatives of the Migratory Bird Conservation Commission, who shall be nonvoting members. (2) Appointments.-- (A) Deadline.--The members of the Commission shall be appointed not later than 90 days after the effective date of this title. (B) Appointments by the secretary of the interior.-- (i) In general.--The members of the Commission appointed by the Secretary of the Interior under paragraph (1)(B)-- (I) shall not be officers or employees of the Federal Government; and (II) shall, in the judgment of the Secretary-- (aa) represent the diverse beneficiaries of the System; and (bb) have outstanding knowledge or appreciation of wildlife, natural resource management, or wildlife- dependent recreation. (ii) Representation of views.--In making appointments under paragraph (1)(B), the Secretary of the Interior shall make every effort to ensure that the views of the hunting, fishing, and wildlife observation communities are represented on the Commission. (3) Vacancies.--Any vacancy in the Commission-- (A) shall not affect the power or duties of the Commission; and (B) shall be expeditiously filled in the same manner as the original appointment was made. (c) Chairperson.--The Secretary of the Interior shall appoint one of the members as the Chairperson of the Commission. [[Page 114 STAT. 1784]] (d) Compensation.--The members of the Commission shall receive no compensation for their service on the Commission. (e) Travel Expenses.-- (1) Legislative branch members.--The members of the Commission from the legislative branch of the Federal Government shall be allowed necessary travel expenses, as authorized by other law for official travel, while away from their homes or regular places of business in the performance of services for the Commission. (2) Executive branch members.--The members of the Commission from the executive branch of the Federal Government shall be allowed necessary travel expenses in accordance with section 5702 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Other members and staff.--The members of the Commission appointed by the Secretary of the Interior and staff of the Commission may be allowed necessary travel expenses as authorized by section 5702 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (f ) Duties.--The Commission shall-- (1) prepare, in cooperation with Federal, State, local, and nongovernmental partners, a plan to commemorate the centennial of the National Wildlife Refuge System beginning on March 14, 2003; (2) coordinate the activities of the partners under the plan; and (3) plan and host, in cooperation with the partners, a conference on the National Wildlife Refuge System, and assist in the activities of the conference. (g) Staff.--Subject to the availability of appropriations, the Commission may employ such staff as are necessary to carry out the duties of the Commission. (h) Donations.-- (1) In general.--The Commission may, in accordance with criteria established under paragraph (2), accept and use donations of money, personal property, or personal services. (2) Criteria.--The Commission shall establish written criteria to be used in determining whether the acceptance of gifts or donations under paragraph (1) would-- (A) reflect unfavorably on the ability of the Commission or any employee of the Commission to carry out its responsibilities or official duties in a fair and objective manner; or (B) compromise the integrity or the appearance of the integrity of any person involved in the activities of the Commission. (i) Administrative Support.--Upon the request of the Commission-- (1) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may provide to the Commission such administrative support services as are necessary for the Commission to carry out the duties of the Commission under this title, including services relating to budgeting, accounting, financial reporting, personnel, and procurement; and [[Page 114 STAT. 1785]] (2) the head of any other appropriate Federal agency may provide to the Commission such advice and assistance, with or without reimbursement, as are appropriate to assist the Commission in carrying out the duties of the Commission. ( j) Reports.-- (1) Annual reports.--Not later than 1 year after the effective date of this title, and annually thereafter, the Commission shall submit to Congress a report on the activities and plans of the Commission. (2) Final report.--Not later than September 30, 2004, the Commission shall submit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a final report on the activities of the Commission, including an accounting of all funds received and expended by the Commission. (k) Termination.-- (1) In general.--The <<NOTE: Termination.>> Commission shall terminate 90 days after the date on which the Commission submits the final report under subsection ( j). (2) Disposition of materials.--Upon termination of the Commission and after consultation with the Archivist of the United States and the Secretary of the Smithsonian Institution, the Secretary of the Interior may-- (A)(i) deposit all books, manuscripts, miscellaneous printed matter, memorabilia, relics, and other similar materials of the Commission relating to the centennial of the National Wildlife Refuge System in Federal, State, or local libraries or museums; or (ii) otherwise dispose of such materials; and (B)(i) use other property acquired by the Commission for the purposes of the National Wildlife Refuge System; or (ii) treat such property as excess property. SEC. 304. <<NOTE: 16 USC 668dd note.>> LONG-TERM PLANNING AND ANNUAL REPORTING REQUIREMENTS REGARDING THE OPERATION AND MAINTENANCE BACKLOG. (a) Unified Long-Term Plan.--Not <<NOTE: Deadline.>> later than March 1, 2002, the Secretary of the Interior shall prepare and submit to Congress and the President a unified long-term plan to address priority operation, maintenance, and construction needs of the National Wildlife Refuge System, including-- (1) priority staffing needs of the System; and (2) operation, maintenance, and construction needs as identified in-- (A) the Refuge Operating Needs System; (B) the Maintenance Management System; (C) the 5-year deferred maintenance list; (D) the 5-year construction list; (E) the United States Fish and Wildlife Service report entitled ``Fulfilling the Promise of America's National Wildlife Refuge System''; and (F) individual refuge comprehensive conservation plans. (b) Annual Submission.--Beginning with the submission to Congress of the budget for fiscal year 2003, the Secretary of the [[Page 114 STAT. 1786]] Interior shall prepare and submit to Congress, in the context of each annual budget submission, a report that contains-- (1) an assessment of expenditures in the prior, current, and upcoming fiscal years to meet the operation and maintenance backlog as identified in the long-term plan under subsection (a); and (2) a specification of transition costs, in the prior, current, and upcoming fiscal years, as identified in the analysis of newly acquired refuge land prepared by the Department of the Interior, and a description of the method used to determine the priority status of the transition costs. SEC. 305. <<NOTE: 16 USC 668dd note.>> YEAR OF THE NATIONAL WILDLIFE REFUGE. (a) Finding.--Congress finds that designation of the year 2003 as the ``Year of the National Wildlife Refuge'' would promote the goal of increasing public appreciation of the importance of the National Wildlife Refuge System. (b) Proclamation.--The President is requested to issue a proclamation calling on the people of the United States to conduct appropriate programs, ceremonies, and activities to accomplish the goal of such a year. SEC. 306. <<NOTE: 16 USC 668dd note.>> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out the activities of the Commission under this title-- (1) $100,000 for fiscal year 2001; and (2) $250,000 for each of fiscal years 2002 through 2004. SEC. 307. <<NOTE: 16 USC 668dd note.>> EFFECTIVE DATE. This title takes effect on January 20, 2001. Approved November 1, 2000. LEGISLATIVE HISTORY--H.R. 3671: --------------------------------------------------------------------------- HOUSE REPORTS: No. 106-554 (Comm. on Resources). SENATE REPORTS: No. 106-495 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 146 (2000): Apr. 5, considered and passed House. Oct. 12, considered and passed Senate, amended. Oct. 18, House concurred in Senate amendments. <all>