-CITE-

16 USC CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

.

-HEAD-

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

-MISC1-

Sec.

3701. Establishment and purposes of Foundation.

(a) Establishment.

(b) Purposes.

3702. Board of Directors of Foundation.

(a) Establishment and membership.

(b) Appointment and terms.

(c) Chairman.

(d) Quorum.

(e) Meetings.

(f) Reimbursement of expenses.

(g) General powers.

3703. Rights and obligations of Foundation.

(a) In general.

(b) Seal.

(c) Powers.

(d) Certain lands, waters, and interests not subject

to condemnation.

(e) Acquisition, management, and disposal of real

property.

(f) Establishment of national whale conservation

endowment fund.

(g) Consultation.

(h) Expenditures for printing services or capital

equipment.

(i) Notice to Members of Congress.

3704. Administrative services and support.

(a) Provision of services.

(b) Reimbursement.

3705. Volunteer status.

3706. Audits, report requirements, and petition of Attorney General

for equitable relief.

(a) Audits.

(b) Report.

(c) Relief with respect to certain Foundation acts or

failure to act.

3707. United States release from liability.

3708. Reservation of right to amend or repeal chapter.

3709. Authorization of appropriations.

(a) Authorization of appropriations.

(b) Additional authorization.

(c) Prohibition on use of grant amounts for

litigation and lobbying expenses.

3710. Limitation on authority.

-CITE-

16 USC Sec. 3701 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

-HEAD-

Sec. 3701. Establishment and purposes of Foundation

-STATUTE-

(a) Establishment

There is established the National Fish and Wildlife Foundation

(hereinafter in this chapter referred to as the ''Foundation'').

The Foundation is a charitable and nonprofit corporation and is not

an agency or establishment of the United States.

(b) Purposes

The purposes of the Foundation are -

(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;

(2) to undertake and conduct such other activities as will

further the conservation and management of the fish, wildlife,

and plant resources of the United States, and its territories and

possessions, for present and future generations of Americans; and

(3) to participate with, and otherwise assist, foreign

governments, entities, and individuals in undertaking and

conducting activities that will further the conservation and

management of the fish, wildlife, and plant resources of other

countries.

-SOURCE-

(Pub. L. 98-244, Sec. 2, Mar. 26, 1984, 98 Stat. 107; Pub. L.

100-240, Sec. 1(a), Jan. 11, 1988, 101 Stat. 1785; Pub. L. 103-232,

title I, Sec. 102, Apr. 11, 1994, 108 Stat. 336; Pub. L. 106-408,

title II, Sec. 202, Nov. 1, 2000, 114 Stat. 1777.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(1). Pub. L. 106-408 added par. (1) and struck

out former par. (1) which read as follows: ''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;''.

1994 - Subsec. (b)(1). Pub. L. 103-232 inserted before semicolon

at end ''and the National Oceanic and Atmospheric Administration''.

1988 - Subsec. (b)(3). Pub. L. 100-240 added par. (3).

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-408, title II, Sec. 201, Nov. 1, 2000, 114 Stat.

1777, provided that: ''This title (enacting section 3710 of this

title, amending this section and sections 3702, 3703, 3705, 3706,

and 3709 of this title, and repealing provisions set out as a note

under section 3703 of this title) may be cited as the 'National

Fish and Wildlife Foundation Establishment Act Amendments of

2000'.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-277, div. A, Sec. 101(b) (title IX, Sec. 901), Oct.

21, 1998, 112 Stat. 2681-50, 2681-119, provided that: ''This title

(amending section 3703 of this title and enacting provisions set

out as a note under section 3703 of this title) may be cited as the

'National Whale Conservation Fund Act of 1998'.''

SHORT TITLE OF 1994 AMENDMENT

Section 101 of title I of Pub. L. 103-232 provided that: ''This

title (amending this section and sections 3702 and 3709 of this

title and enacting provisions listed in a table of National

Environmental Centers set out under section 668dd of this title and

provisions set out as notes under section 3702 of this title) may

be cited as the 'National Fish and Wildlife Foundation Improvement

Act of 1994'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-593, title I, Sec. 110(a), Nov. 16, 1990, 104 Stat.

2959, provided that: ''This section (amending sections 3702 and

3709 of this title) may be cited as the 'National Fish and Wildlife

Foundation Establishment Act Amendments of 1990'.''

SHORT TITLE

Section 1 of Pub. L. 98-244 provided that: ''This Act (enacting

this chapter) may be cited as the 'National Fish and Wildlife

Foundation Establishment Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3703, 3706, 3743 of this

title.

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16 USC Sec. 3702 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

-HEAD-

Sec. 3702. Board of Directors of Foundation

-STATUTE-

(a) Establishment and membership

(1) In general

The Foundation shall have a governing Board of Directors

(referred to in this chapter as the ''Board''), which shall

consist of 25 Directors appointed in accordance with subsection

(b) of this section, 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 holding of an office of, the

United States for the purpose of any Federal law.

(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 this section, 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 November 1,

2000, 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.

(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) Chairman

The Chairman shall be elected by the Board from its members for a

two-year term.

(d) Quorum

A majority of the current membership of the Board shall

constitute a quorum for the transaction of business.

(e) Meetings

The Board shall meet at the call of the Chairman at least once a

year. If a Director misses three consecutive regularly scheduled

meetings, that individual may be removed from the Board and that

vacancy filled in accordance with subsection (b) of this section.

(f) Reimbursement of expenses

Members of the Board shall serve without pay, but may be

reimbursed for the actual and necessary traveling and subsistence

expenses incurred by them in the performance of the duties of the

Foundation.

(g) General powers

(1) The Board may complete the organization of the Foundation by

-

(A) appointing officers and employees;

(B) adopting a constitution and bylaws consistent with the

purposes of the Foundation and the provisions of this chapter;

and

(C) undertaking of other such acts as may be necessary to carry

out the provisions of this chapter.

(2) The following limitations apply with respect to the

appointment of officers and employees of the Foundation:

(A) Officers and employees may not be appointed until the

Foundation has sufficient funds to pay them for their service.

Officers and employees of the Foundation shall be appointed

without regard to the provisions of title 5 governing

appointments in the competitive service, and may be paid without

regard to the provisions of chapter 51 and subchapter III of

chapter 53 of such title relating to classification and General

Schedule pay rates.

(B) The first officer or employee appointed by the Board shall

be the Secretary of the Board who (i) shall serve, at the

direction of the Board, as its chief operating officer, and (ii)

shall be knowledgeable and experienced in matters relating to

fish and wildlife conservation.

-SOURCE-

(Pub. L. 98-244, Sec. 3, Mar. 26, 1984, 98 Stat. 107; Pub. L.

101-593, title I, Sec. 110(b), Nov. 16, 1990, 104 Stat. 2959; Pub.

L. 103-232, title I, Sec. 103(a)(1), (b), Apr. 11, 1994, 108 Stat.

336; Pub. L. 106-408, title II, Sec. 203(a), (b), Nov. 1, 2000, 114

Stat. 1777, 1778.)

-REFTEXT-

REFERENCES IN TEXT

Provisions of title 5 governing appointments in competitive

service, referred to in subsec. (g)(2)(A), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-408, Sec. 203(a), added subsec.

(a) and struck out heading and text of former subsec. (a). Text

read as follows: ''The Foundation shall have a governing Board of

Directors (hereinafter referred to in this chapter as the 'Board'),

which shall consist of 15 Directors, each of whom shall be a United

States citizen and -

''(1) six of whom must be knowledgeable or experienced in fish

and wildlife conservation; and

''(2) 4 of whom must be educated and experienced in the

principles of fish and wildlife management.

The membership of the Board, to the extent practicable, shall

represent diverse points of view relating to fish and wildlife

conservation. The Director of the United States Fish and Wildlife

Service shall be an ex officio nonvoting member of the Board.

Appointment to the Board shall not constitute employment by, or the

holding of an office of, the United States for the purposes of any

Federal law.''

Subsec. (b). Pub. L. 106-408, Sec. 203(b), added subsec. (b) and

struck out heading and text of former subsec. (b). Text read as

follows: ''By December 31, 1984, the Secretary of the Interior

(hereinafter referred to in this chapter as the 'Secretary') shall

appoint the Directors of the Board. The Directors shall be

appointed for terms of six years; except that the Secretary, in

making the initial appointments to the Board, shall appoint three

Directors to a term of two years, three Directors to a term of four

years, and three Directors to a term of six years. A vacancy on

the Board shall be filled within sixty days of said vacancy in the

manner in which the original appointment was made. No individual

may serve more than two consecutive terms as a Director. The

Secretary of the Interior shall consult with the Under Secretary of

Commerce for Oceans and Atmosphere before appointing any Director

of the Board.''

1994 - Subsec. (a). Pub. L. 103-232, Sec. 103(b), substituted

''15 Directors'' for ''nine Directors'' in introductory provisions

and ''4'' for ''three'' in par. (2).

Subsec. (b). Pub. L. 103-232, Sec. 103(a)(1), inserted at end

''The Secretary of the Interior shall consult with the Under

Secretary of Commerce for Oceans and Atmosphere before appointing

any Director of the Board.''

1990 - Subsec. (g)(2)(A). Pub. L. 101-593 struck out '', except

that no individual so appointed may receive pay in excess of the

annual rate of basic pay in effect for grade GS-18 of the General

Schedule'' after ''General Schedule pay rates''.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 103(a)(2) of Pub. L. 103-232 provided that: ''The

amendment made by paragraph (1) (amending this section) shall apply

to appointments of Directors of the Board of Directors of the

National Fish and Wildlife Foundation made after the date of the

enactment of this Act (Apr. 11, 1994).''

INITIAL TERMS OF SIX NEW DIRECTORS

Section 103(c) of Pub. L. 103-232 provided that: ''Of the

Directors on the Board of Directors of the National Fish and

Wildlife Foundation first appointed pursuant to the amendment made

by subsection (b)(1) (amending this section), notwithstanding the

second sentence of section 3(b) of the National Fish and Wildlife

Foundation Establishment Act (16 U.S.C. 3702(b)) -

''(1) 2 shall be appointed to a term of 2 years;

''(2) 2 shall be appointed to a term of 4 years; and

''(3) 2 shall be appointed to a term of 6 years;

as specified by the Secretary of the Interior at the time of

appointment.''

COMPLETION OF APPOINTMENTS

Section 103(d) of Pub. L. 103-232 provided that: ''The Secretary

of the Interior shall appoint the additional members of the Board

of Directors of the National Fish and Wildlife Foundation

authorized by the amendment made by subsection (a) ((b)) (amending

this section), by not later than 60 days after the date of the

enactment of this Act (Apr. 11, 1994).''

AUTHORITY OF BOARD NOT AFFECTED

Section 103(e) of Pub. L. 103-232 provided that: ''The authority

of the Board of Directors of the National Fish and Wildlife

Foundation to take any action otherwise authorized by law shall not

be affected by reason of the Secretary of the Interior not having

completed the appointment of Directors of the Board of Directors of

the National Fish and Wildlife Foundation pursuant to the amendment

made by subsection (b)(1) (amending this section).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3704, 4403 of this title.

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16 USC Sec. 3703 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

-HEAD-

Sec. 3703. Rights and obligations of Foundation

-STATUTE-

(a) In general

The Foundation -

(1) shall have perpetual succession;

(2) may conduct business throughout the several States,

territories, and possessions of the United States and abroad;

(3) shall have its principal offices in the District of

Columbia or in a county in the State of Maryland or Virginia that

borders on the District of Columbia; and

(4) shall at all times maintain a designated agent authorized

to accept service of process for the Foundation.

The serving of notice to, or service of process upon, the agent

required under paragraph (4), or mailed to the business address of

such agent, shall be deemed as service upon or notice to the

Foundation.

(b) Seal

The Foundation shall have an official seal selected by the Board

which shall be judicially noticed.

(c) Powers

To carry out its purposes under section 3701 of this title, the

Foundation shall have, in addition to the powers otherwise given it

under this chapter, the usual powers of a corporation acting as a

trustee in the District of Columbia, including the power -

(1) to accept, receive, solicit, hold, administer and use any

gift, devise, or bequest, either absolutely or in trust, of real

or personal property or any income therefrom or other interest

therein;

(2) to acquire by purchase or exchange any real or personal

property or interest therein, subject to subsection (e) of this

section;

(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;

(7) unless otherwise required by the instrument of transfer, to

sell, donate, lease, invest, reinvest, retain or otherwise

dispose of any property or income therefrom;

(8) to borrow money and issue bonds, debentures, or other debt

instruments;

(9) to sue and be sued, and complain and defend itself in any

court of competent jurisdiction, except that the Directors of the

Foundation shall not be personally liable, except for gross

negligence;

(10) to enter into contracts or other arrangements with public

agencies and private organizations and persons and to make such

payments as may be necessary to carry out its function; and

(11) to do any and all acts necessary and proper to carry out

the purposes of the Foundation.

For purposes of this chapter, an interest in real property shall be

treated as including, among other things, easements or other rights

for preservation, conservation, protection, or enhancement by and

for the public of natural, scenic, historic, scientific,

educational, inspirational, or recreational resources. A gift,

devise, or bequest may be accepted by the Foundation even though it

is encumbered, restricted, or subject to beneficial interests of

private persons if any current or future interest therein is for

the benefit of the Foundation.

(d) Certain lands, waters, and interests not subject to

condemnation

No lands or waters, or interests therein, that are owned by the

Foundation and are determined by the Director of the United States

Fish and Wildlife Service or the Migratory Bird Conservation

Commission, as the case may be, to be valuable for purposes of fish

and wildlife conservation or management shall be subject to

condemnation by any State or political subdivision, or any agent or

instrumentality thereof.

(e) Acquisition, management, and disposal of real property

(1) The Foundation may only use Federal funds for the acquisition

of interests in real property if -

(A) the interest is a long-term property interest, and

(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.

(2) The Foundation shall convey to the United States Fish and

Wildlife Service for inclusion within the National Wildlife Refuge

System any real property acquired by the Foundation in whole or in

part with Federal funds if the Director, within one year after the

date on which the property was acquired by the Foundation, requests

the conveyance in writing.

(3)(A) Subject to subparagraph (B), the Foundation may -

(i) convey to another person any real property acquired in

whole or in part with Federal funds and not conveyed under

paragraph (2); and

(ii) grant or otherwise provide Federal funds to another person

for purposes of assisting that person to acquire real property in

whole or in part with such funds.

(B) The Foundation may only make a conveyance or provide Federal

funds under subparagraph (A) if -

(i) the conveyance or provision is subject to terms and

conditions that will ensure that the real property will be

administered for the long-term conservation and management of

fish and wildlife and in a manner that will provide for

appropriate public access and use; and

(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.

(4) All real property acquired by the Foundation in whole or in

part with Federal funds and held by it shall be administered for

the conservation and management of fish and wildlife and in a

manner that will provide for appropriate public access and use.

(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.

(f) Establishment of national whale conservation endowment fund

(1) In carrying out the purposes under section 3701(b) of this

title, the Foundation may establish a national whale conservation

endowment fund, to be used by the Foundation to support research,

management activities, or educational programs that contribute to

the protection, conservation, or recovery of whale populations in

waters of the United States.

(2)(A) In a manner consistent with subsection (c)(1) of this

section, the Foundation may -

(i) accept, receive, solicit, hold, administer, and use any

gift, devise, or bequest made to the Foundation for the express

purpose of supporting whale conservation; and

(ii) deposit in the endowment fund under paragraph (1) any

funds made available to the Foundation under this subparagraph,

including any income or interest earned from a gift, devise, or

bequest received by the Foundation under this subparagraph.

(B) To raise funds to be deposited in the endowment fund under

paragraph (1), the Foundation may enter into appropriate

arrangements to provide for the design, copyright, production,

marketing, or licensing, of logos, seals, decals, stamps, or any

other item that the Foundation determines to be appropriate.

(C)(i) The Secretary of Commerce may transfer to the Foundation

for deposit in the endowment fund under paragraph (1) any amount

(or portion thereof) received by the Secretary under section

1375(a)(1) of this title as a civil penalty assessed by the

Secretary under that section.

(ii) The Directors of the Board shall ensure that any amounts

transferred to the Foundation under clause (i) for the endowment

fund under paragraph (1) are deposited in that fund in accordance

with this subparagraph.

(3) It is the intent of Congress that in making expenditures from

the endowment fund under paragraph (1) to carry out activities

specified in that paragraph, the Foundation should give priority to

funding projects that address the conservation of populations of

whales that the Foundation determines -

(A) are the most endangered (including the northern right whale

(Eubaleana glacialis)); or

(B) most warrant, and are most likely to benefit from, research

management, or educational activities that may be funded with

amounts made available from the fund.

(g) Consultation

In carrying out any action on the part of the Foundation under

subsection (f) of this section, the Directors of the Board shall

consult with the Administrator of the National Oceanic and

Atmospheric Administration and the Marine Mammal Commission.

(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.

(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 in which the project to be funded with the

grant will be carried out.

-SOURCE-

(Pub. L. 98-244, Sec. 4, Mar. 26, 1984, 98 Stat. 108; Pub. L.

100-240, Sec. 1(b), 2(a), (b)(1), Jan. 11, 1988, 101 Stat. 1785,

1786; Pub. L. 105-277, div. A, Sec. 101(b) (title IX, Sec. 903),

Oct. 21, 1998, 112 Stat. 2681-50, 2681-120; Pub. L. 106-408, title

II, Sec. 203(c)(1), 204(a)-(c), (e)-(g), 206, Nov. 1, 2000, 114

Stat. 1779, 1780.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(3). Pub. L. 106-408, Sec. 204(a), inserted

''or in a county in the State of Maryland or Virginia that borders

on the District of Columbia'' after ''the District of Columbia''.

Subsec. (c)(3), (4). Pub. L. 106-408, Sec. 204(b)(2), added pars.

(3) and (4). Former pars. (3) and (4) redesignated (7) and (8),

respectively.

Subsec. (c)(5). Pub. L. 106-408, Sec. 204(b)(2), added par. (5).

Former par. (5) redesignated (9).

Pub. L. 106-408, Sec. 203(c)(1), substituted ''Directors of the

Foundation'' for ''Directors of the Board''.

Subsec. (c)(6) to (11). Pub. L. 106-408, Sec. 204(b), added par.

(6) and redesignated former pars. (3) to (7) as (7) to (11),

respectively.

Subsec. (e)(1)(B). Pub. L. 106-408, Sec. 204(c), added subpar.

(B) and struck out former subpar. (B) which read as follows: ''the

Director of the United States Fish and Wildlife Service (hereafter

in this subsection referred to as the 'Director') consents to the

acquisition in writing.''

Subsec. (e)(3)(B)(ii). Pub. L. 106-408, Sec. 204(e), added cl.

(ii) and struck out former cl. (ii) which read as follows: ''the

Director finds that conveyance or provision of Federal funds meets

the requirements of clause (i) and consents to it in writing.''

Subsec. (e)(5). Pub. L. 106-408, Sec. 204(f), added par. (5) and

struck out former par. (5) which read as follows: ''The Foundation

shall convey at not less than fair-market value any real property

acquired by it in whole or in part with Federal funds if the

Foundation and the Director determine, in writing, that -

''(A) the land is no longer valuable for the purposes of fish

and wildlife conservation or management, and

''(B) the purposes of the Foundation would be better served by

the use of the Federal funds for other authorized activities of

the Foundation.''

Subsec. (h). Pub. L. 106-408, Sec. 204(g), added subsec. (h).

Subsec. (i). Pub. L. 106-408, Sec. 206, added subsec. (i).

1998 - Subsecs. (f), (g). Pub. L. 105-277 added subsecs. (f) and

(g).

1988 - Subsec. (a)(2). Pub. L. 100-240, Sec. 1(b), inserted ''and

abroad'' after ''United States''.

Subsec. (c)(2). Pub. L. 100-240, Sec. 2(b), inserted '', subject

to subsection (e) of this section'' after ''therein''.

Subsec. (e). Pub. L. 100-240, Sec. 2(a), added subsec. (e).

CONGRESSIONAL FINDINGS - NATIONAL WHALE CONSERVATION

Pub. L. 105-277, div. A, Sec. 101(b) (title IX, Sec. 902), Oct.

21, 1998, 112 Stat. 2681-50, 2681-119, provided that: ''Congress

finds that -

''(1) the populations of whales that occur in waters of the

United States are resources of substantial ecological,

scientific, socioeconomic, and esthetic value;

''(2) whale populations -

''(A) form a significant component of marine ecosystems;

''(B) are the subject of intense research;

''(C) provide for a multimillion dollar whale watching

tourist industry that provides the public an opportunity to

enjoy and learn about great whales and the ecosystems of which

the whales are a part; and

''(D) are of importance to Native Americans for cultural and

subsistence purposes;

''(3) whale populations are in various stages of recovery, and

some whale populations, such as the northern right whale

(Eubaleana glacialis) remain perilously close to extinction;

''(4) the interactions that occur between ship traffic,

commercial fishing, whale watching vessels, and other

recreational vessels and whale populations may affect whale

populations adversely;

''(5) the exploration and development of oil, gas, and hard

mineral resources, marine debris, chemical pollutants, noise, and

other anthropogenic sources of change in the habitat of whales

may affect whale populations adversely;

''(6) the conservation of whale populations is subject to

difficult challenges related to -

''(A) the migration of whale populations across international

boundaries;

''(B) the size of individual whales, as that size precludes

certain conservation research procedures that may be used for

other animal species, such as captive research and breeding;

''(C) the low reproductive rates of whales that require

long-term conservation programs to ensure recovery of whale

populations; and

''(D) the occurrence of whale populations in offshore waters

where undertaking research, monitoring, and conservation

measures is difficult and costly;

''(7)(A) the Secretary of Commerce, through the Administrator

of the National Oceanic and Atmospheric Administration, has

research and regulatory responsibility for the conservation of

whales under the Marine Mammal Protection Act of 1972 (16 U.S.C.

1361 et seq.); and

''(B) the heads of other Federal agencies and the Marine Mammal

Commission established under section 201 of the Marine Mammal

Protection Act of 1972 (16 U.S.C. 1401) have related research and

management activities under the Marine Mammal Protection Act of

1972 or the Endangered Species Act of 1973 (16 U.S.C. 1531 et

seq.);

''(8) the funding available for the activities described in

paragraph (8) ((7)) is insufficient to support all necessary

whale conservation and recovery activities; and

''(9) there is a need to facilitate the use of funds from

non-Federal sources to carry out the conservation of whales.''

DRAW DOWN OF FEDERAL FUNDS; EXEMPTION FROM AUDIT REQUIREMENTS

Pub. L. 102-440, title III, Sec. 304, Oct. 23, 1992, 106 Stat.

2235, which provided that the National Fish and Wildlife Foundation

could continue to draw down Federal funds when matching

requirements had been met, that interest earned on funds already

drawn down was to be used to fund all activities as approved by the

Board of Directors, and that Foundation subgrantees would be exempt

from the audit reporting and compliance requirements of OMB

Circular A-133, for all grants of $100,000 or less, was repealed by

Pub. L. 106-408, title II, Sec. 204(d), Nov. 1, 2000, 114 Stat.

1779.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3706 of this title.

-CITE-

16 USC Sec. 3704 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

-HEAD-

Sec. 3704. Administrative services and support

-STATUTE-

(a) Provision of services

The Secretary may provide personnel, facilities, and other

administrative services to the Foundation, including reimbursement

of expenses under section 3702 of this title, not to exceed then

current Federal Government per diem rates, for a period of up to

five years from March 26, 1984.

(b) Reimbursement

The Foundation may reimburse the Secretary for any administrative

service provided under subsection (a) of this section. The

Secretary shall deposit any reimbursement received under this

subsection into the Treasury to the credit of the appropriations

then current and chargeable for the cost of providing such

services.

Notwithstanding any other provision of this section, the

Secretary of the Interior is authorized to continue to provide

facilities, and necessary support services for such facilities, to

the National Fish and Wildlife Foundation after March 26, 1989, on

a space available, reimbursable cost basis.

-SOURCE-

(Pub. L. 98-244, Sec. 5, Mar. 26, 1984, 98 Stat. 109; Pub. L.

100-240, Sec. 3, Jan. 11, 1988, 101 Stat. 1786; Pub. L. 100-653,

title IX, Sec. 903, Nov. 14, 1988, 102 Stat. 3834.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-653 inserted provision at end authorizing

Secretary of the Interior to continue to provide facilities and

necessary support services to National Fish and Wildlife Foundation

after Mar. 26, 1989, on space available, reimbursable cost basis.

Pub. L. 100-240 designated existing provisions as subsec. (a),

inserted heading, and struck out '', and may accept reimbursement

therefor, to be deposited in the Treasury to the credit of the

appropriations then current and chargeable for the cost of

providing such services'' after ''March 26, 1984'', and added

subsec. (b).

-CITE-

16 USC Sec. 3705 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

-HEAD-

Sec. 3705. Volunteer status

-STATUTE-

The Secretary of the Interior or the Secretary of Commerce may

accept, without regard to the civil service classification laws,

rules, or regulations, the services of the Foundation, the Board,

and the officers and employees of the Board, without compensation

from the Department of the Interior or the Department of Commerce,

as volunteers in the performance of the functions authorized

herein, in the manner provided for under section 742f(c) of this

title.

-SOURCE-

(Pub. L. 98-244, Sec. 6, Mar. 26, 1984, 98 Stat. 109; Pub. L.

106-408, title II, Sec. 203(c)(2), Nov. 1, 2000, 114 Stat. 1779.)

-REFTEXT-

REFERENCES IN TEXT

The civil service classification laws, referred to in text, are

set forth in chapter 51 and subchapter III of chapter 53 of Title

5, Government Organization and Employees.

-MISC2-

AMENDMENTS

2000 - Pub. L. 106-408 substituted ''Secretary of the Interior or

the Secretary of Commerce'' for ''Secretary'' and inserted ''or the

Department of Commerce'' after ''Department of the Interior''.

-CITE-

16 USC Sec. 3706 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

-HEAD-

Sec. 3706. Audits, report requirements, and petition of Attorney

General for equitable relief

-STATUTE-

(a) Audits

For purposes of section 10101 of title 36, the Foundation shall

be treated as a Corporation in part B of subtitle II of title 36.

(b) Report

The Foundation shall, as soon as practicable after the end of

each fiscal year, transmit to the Committee on Resources of the

House of Representatives and the Committee on Environment and

Public Works of the Senate a report of its proceedings and

activities during such year, including a full and complete

statement of its receipts, expenditures, and investments; and a

description of all acquisition and disposal of real property that

is subject to section 3703(e) of this title. The report shall

include a detailed statement of the recipient, amount, and purpose

of each grant made by the Foundation in the fiscal year.

(c) Relief with respect to certain Foundation acts or failure to

act

If the Foundation -

(1) engages in, or threatens to engage in, any act, practice,

or policy that is inconsistent with its purposes set forth in

section 3701(b) of this title; or

(2) refuses, fails, or neglects to discharge its obligations

under this chapter, or threatens to do so;

the Attorney General of the United States may petition in the

United States District Court for the District of Columbia for such

equitable relief as may be necessary or appropriate.

-SOURCE-

(Pub. L. 98-244, Sec. 7, Mar. 26, 1984, 98 Stat. 110; Pub. L.

100-240, Sec. 2(b)(2), Jan. 11, 1988, 101 Stat. 1786; Pub. L.

106-408, title II, Sec. 205, Nov. 1, 2000, 114 Stat. 1780.)

-COD-

CODIFICATION

In subsec. (a), ''section 10101 of title 36'' substituted for

''the Act entitled 'An Act for audit of accounts of private

corporations established under Federal law', approved August 30,

1964 (Public Law 88-504, 36 U.S.C. 1101-1103)'' and ''a corporation

in part B of subtitle II of title 36'' substituted for ''a private

corporation established under Federal law'' on authority of Pub. L.

105-225, Sec. 5(b), Aug. 12, 1998, 112 Stat. 1499, the first

section of which enacted Title 36, Patriotic and National

Observances, Ceremonies, and Organizations.

-MISC3-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-408 substituted ''the Committee

on Resources of the House of Representatives and the Committee on

Environment and Public Works of the Senate'' for ''Congress'' and

inserted at end ''The report shall include a detailed statement of

the recipient, amount, and purpose of each grant made by the

Foundation in the fiscal year.''

1988 - Subsec. (b). Pub. L. 100-240 inserted ''; and a

description of all acquisition and disposal of real property that

is subject to section 3703(e) of this title'' before period at end.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (b) of this section is listed

on page 203), see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

-CITE-

16 USC Sec. 3707 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

-HEAD-

Sec. 3707. United States release from liability

-STATUTE-

The United States shall not be liable for any debts, defaults,

acts, or omissions of the Foundation nor shall the full faith and

credit of the United States extend to any obligation of the

Foundation.

-SOURCE-

(Pub. L. 98-244, Sec. 8, Mar. 26, 1984, 98 Stat. 110.)

-CITE-

16 USC Sec. 3708 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

-HEAD-

Sec. 3708. Reservation of right to amend or repeal chapter

-STATUTE-

The Congress expressly reserves the right to repeal or amend this

chapter at any time.

-SOURCE-

(Pub. L. 98-244, Sec. 9, Mar. 26, 1984, 98 Stat. 110.)

-CITE-

16 USC Sec. 3709 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

-HEAD-

Sec. 3709. Authorization of appropriations

-STATUTE-

(a) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this

chapter for each of fiscal years 2001 through 2005 -

(A) $25,000,000 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) of this section, 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 chapter.

(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.

-SOURCE-

(Pub. L. 98-244, Sec. 10, Mar. 26, 1984, 98 Stat. 110; Pub. L.

100-240, Sec. 4, Jan. 11, 1988, 101 Stat. 1786; Pub. L. 101-593,

title I, Sec. 110(c), Nov. 16, 1990, 104 Stat. 2960; Pub. L.

103-232, title I, Sec. 104, Apr. 11, 1994, 108 Stat. 337; Pub. L.

106-408, title II, Sec. 207, Nov. 1, 2000, 114 Stat. 1781; Pub. L.

107-141, Sec. 6, Feb. 12, 2002, 116 Stat. 14.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-141, Sec. 6(1), substituted

''2005'' for ''2003''.

Subsec. (a)(1)(A). Pub. L. 107-141, Sec. 6(2), substituted

''$25,000,000'' for ''$20,000,000''.

2000 - Pub. L. 106-408 added text of section and struck out

former text which read as follows:

''(a) Authorization. - There are authorized to be appropriated to

the Department of the Interior $25,000,000 for each of fiscal years

1994, 1995, 1996, 1997, and 1998.

''(b) Use of Amounts Appropriated. - (1) Subject to paragraph

(2), amounts appropriated under this section shall be made

available to the Foundation for use 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.

''(2) No Federal funds authorized under this section shall be

used by the Foundation for administrative expenses of the

Foundation, including for salaries, travel and transportation

expenses, and other overhead expenses.

''(c) Additional Authorization. - The amounts authorized to be

appropriated under this section are in addition to any amounts

provided or available to the Foundation under any other Federal

law.''

1994 - Subsec. (a). Pub. L. 103-232, Sec. 104(a)(1), substituted

''$25,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and

1998'' for ''not to exceed $15,000,000 for fiscal year 1991, not to

exceed $20,000,000 for fiscal year 1992, and not to exceed

$25,000,000 for fiscal year 1993''.

Subsec. (b). Pub. L. 103-232, Sec. 104(b), substituted

''paragraph (2)'' for ''paragraphs (2) and (3)''.

Subsec. (c). Pub. L. 103-232, Sec. 104(a)(2), added subsec. (c).

1990 - Pub. L. 101-593 amended section generally. Prior to

amendment, section read as follows: ''There are authorized to be

appropriated to the Department of the Interior for each of fiscal

years 1988 through 1993, inclusive, not to exceed $5,000,000 to be

made available to the Foundation -

''(1) to match partially or wholly the amount or value of

contributions (whether in currency, services, or property) made

to the Foundation by private persons and State and local

government agencies; and

''(2) to provide administrative services under section 3704 of

this title.''

1988 - Pub. L. 100-240 amended section generally. Prior to

amendment, section read as follows: ''For the ten-year period

beginning on October 1, 1984, there are authorized to be

appropriated to the Department of the Interior not to exceed

$1,000,000 to be made available to the Foundation -

''(1) to match, on a one-for-one basis, private contributions

made to the Foundation; and

''(2) to provide administrative services under section 3704 of

this title.''

-CITE-

16 USC Sec. 3710 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

-HEAD-

Sec. 3710. Limitation on authority

-STATUTE-

Nothing in this chapter 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.).

-SOURCE-

(Pub. L. 98-244, Sec. 11, as added Pub. L. 106-408, title II, Sec.

208, Nov. 1, 2000, 114 Stat. 1781.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 90-209, referred to in text, is Pub. L. 90-209, Dec.

18, 1967, 81 Stat. 656, as amended, popularly known as the National

Park Foundation Act, which is classified generally to subchapter

III (Sec. 19e et seq.) of chapter 1 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 19e of this title and Tables.

-CITE-