TITLE 16 - US CODE - CHAPTER 57 - NATIONAL FISH AND WILDLIFE FOUNDATION

16 USC 3701 - Establishment and purposes of Foundation

(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

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(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.

16 USC 3702 - Board of Directors of Foundation

(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 30 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 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.

16 USC 3703 - Rights and obligations of Foundation

(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 Federal funds in an amount greater than $10,000 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.

16 USC 3704 - Administrative services and support

(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.

16 USC 3705 - Volunteer status

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.

16 USC 3706 - Audits, report requirements, and petition of Attorney General for equitable relief

(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.

16 USC 3707 - United States release from liability

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.

16 USC 3708 - Reservation of right to amend or repeal chapter

The Congress expressly reserves the right to repeal or amend this chapter at any time.

16 USC 3709 - Authorization of appropriations

(a) Authorization of appropriations 

(1) In general 
There are authorized to be appropriated to carry out this chapter for each of fiscal years 2006 through 2010
(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, or to a recipient of a grant provided by 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.

16 USC 3710 - Limitation on authority

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 90209 (16 U.S.C. 19e et seq.).