Pub. L. 111-85, tit. II, sec. 206

Sec. 206. Section 208(a) of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2268), is amended—(1) in paragraph (1)—123 STAT. 2857(A) by redesignating clauses (i) through (iv) of subparagraph (B) as subclauses (I) through (IV), respectively, and indenting the subclauses appropriately;(B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately;(C) by striking “(a)(1) Using” and inserting the following:“(a) Action by Secretary.—“(1) Provision of funds.—“(A) In general.—Using”;(D) in subparagraph (A) (as so redesignated)—(i) in the matter preceding clause (i) (as so redesignated), by inserting “or the National Fish and Wildlife Foundation” after “University of Nevada”;(ii) in clause (ii)(IV) (as so redesignated), by striking the period at the end and inserting “; and”; and(iii) by adding at the end the following:“(iii) to design and implement conservation and stewardship measures to address impacts from activities carried out—“(I) under clause (i); and“(II) in conjunction with willing landowners.”; and(E) by adding at the end the following:“(B) National fish and wildlife foundation.—“(i) Date of provision.—The Secretary shall provide funds to the National Fish and Wildlife Foundation pursuant to subparagraph (A) in an advance payment of the available amount—“(I) on the date of enactment of the Energy and Water Development and Related Agencies Appropriations Act, 2010; or“(II) as soon as practicable after that date of enactment.“(ii) Requirements.—“(I) In general.—Except as provided in subclause (II), the funds provided under clause (i) shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), in accordance with section 10(b)(1) of that Act (16 U.S.C. 3709(b)(1)).“(II) Exceptions.—Sections 4(e) and 10(b)(2) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e), 3709(b)(2)), and the provision of subsection (c)(2) of section 4 of that Act (16 U.S.C. 3703) relating to subsection (e) of that section, shall not apply to the funds provided under clause (i).”; and(2) in paragraph (2)—(A) in the matter preceding subparagraph (A), by striking “paragraph (1)(A)” and all that follows through “beneficial to—” and inserting “paragraph (1)(A)(i), the University of Nevada or the National Fish and Wildlife Foundation shall make acquisitions that the University 123 STAT. 2858 or the Foundation determines to be the most beneficial to—”; and(B) in subparagraph (A), by striking “paragraph (1)(B)” and inserting “paragraph (1)(A)(ii)”.