Under-reported Story of the Day Justice? or Extortion?

Exxon-Mobil pleaded guilty to killing 85 protected birds over a five-year period by exposing them to hydrocarbons at sites in five different states. They allowed hydrocarbons to escape and the exposure killed the birds.

For which they will pay $400,000 in fines and $200,000 in community service payments.

The fines will go towards a federally-administered fund to protect wetlands, while the community service payments will be divided between a bird foundation in Colorado and the National Fish and Wildlife Foundation chapter in each affected state.

Exxon has already spent $2.5 million on the effort to prevent future waterfowl deaths. The agreement calls for Exxon to spend even more.
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Department of Justice Press Release

The question is: Is this is justice or legal extortion? Fines are provided for by law and are either punitive to discourage others and/or intended to pay for the cost of prosecution. However, "community service" fines are government-mandated donations. If the company spent $2.5 million to remedy the problem to avoid future problems, what purpose does the community service fine serve except to transfer money to a non-profit that isn't supported by public donation or public support? And is directed by White House-approved appointees?

From their website:

The National Fish and Wildlife Foundation "is made up of 80 professional staff in four offices across the country: Washington, D.C.; St. Paul, MN; Portland, OR; and San Francisco, CA.

Our Board of Directors is made up of 30 members, all confirmed by the White House.

If you visit their site, they have 204 pages of grants. There is, for instance, this beauty:

NFWF Grant Profile

Enhancing Air Quality on Dairy Farms (PA)

Environmental Credit Corporation
2008-0116-036
Status = Active
Implement and demonstrate a new program for controlling agricultural air pollution. Project will use bag digester technology to reduce emissions of greenhouse gases, particulates, and volatile organic compounds on 10-12 dairy farms in Pennsylvania.

This $225,000.00 grant was awarded in 2008 and was matched by $225,000.00 in nonfederal contributions, leveraging a total of $450,000.00 for wildlife conservation. The grantee was working in Pennsylvania.

Who watches the bird watchers?