123STA T . 2 857PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9(A)byred e signat ing cl a u ses (i) t h r o ugh (i v )o f sub p ara - graph ( B ) as subclauses ( I ) through (I V ) , 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 stri k ing ‘ ‘(a)( 1 ) U sing ’ ’ and inserting the fol- lo w ing
‘‘(a) A CTIONBYSE C R ET A RY .— ‘‘(1) P RO V I S ION O F F U N D S.— ‘‘(A) IN G ENERA L .—Using’’; ( D ) in subparagraph (A) (as so redesignated)— (i) in the m atter preceding clause (i) (as so redesig- nated), by inserting ‘‘or the N ational F ish and W ildlife 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 activi- ties carried out— ‘‘(I) under clause (i); and ‘‘(II) in con j unction with willing landowners.’’; and ( E ) by adding at the end the following: ‘‘(B) NATIONAL FIS H AND W ILDLIFE FOUNDATION.— ‘‘(i) DATE OF P ROVISION.— T he Secretary shall pro- vide funds to the National Fish and Wildlife Founda- tion pursuant to subparagraph (A) in an advance pay- ment of the available amount— ‘‘(I) on the date of enactment of the Energy and Water Development and R elated Agencies Appropriations Act, 20 10; or ‘‘(II) as soon as practicable after that date of enactment. ‘‘(ii) RE Q UIRE M ENTS.— ‘‘(I) IN GENERAL.—E x cept as provided in sub- clause (II), the funds provided under clause (i) shall be subject to the National Fish and Wildlife Foundation Establishment Act (1 6 U.S.C. 37 01 et se q .), in accordance with section 10(b)(1) of that Act (16 U.S.C. 370 9 (b)(1)). ‘‘(II) E X CEPTIONS.—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
