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16 U.S.C. § 3701 — Establishment and purposes of Foundation
Federal law — U.S. Code and appendices · legal_authorities
**(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: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3701
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Stable record: federal_law:legal_authorities:record_usc_30c9b6f84cef572fb0d7c346
Source file: Laws/federal/codes/united-states-code/title-16/section-3701-establishment-and-purposes-of-foundation--b5267aadf3.md
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Passage SHA-256: ee31474e953306d28d42c98a76d136db39a5b852a9532e8a89c8f00d82c5d3bf
Source location: Title 16, Chapter 57, § 3701; chapter-057-national-fish-and-wildlife-foundation.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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**
(1) **In general** — To carry out the purposes described in [section 3701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3701&num=0&edition=prelim), 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—
(A) 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;
(B) to acquire by purchase or exchange any real or personal property or interest therein, subject to subsection (e);
(C) 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;
(D) to deposit any funds provided to the Foundation by the Federal Government into
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3703
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter authorizes the Foundation to perform any function the exclusive authority for which is provided to the National Park Foundation by subchapter II of chapter 1011 of title 54.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3710
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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) **Appointment of Directors** — After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall—
(A) be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources; and
(B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation.
(3) **Terms** — Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 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 expira
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3702
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation; administration; continuance of resources-management-programs for refuge lands in Alaska; disposal of acquired lands; proceeds**
(1) For the purpose of consolidating the authorities relating to the various categories of areas that are administered by the Secretary for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas are hereby designated as the “National Wildlife Refuge System” (referred to herein as the “System”), which shall be subject to the provisions of this section, and shall be administered by the Secretary through the United States Fish and Wildlife Service. With respect to refuge lands in the State of Alaska, those programs relating to the management of resources for which any other agency of the Federal Government exercises administrative responsibility through cooperative agreement shall remain in effect, subject to the direct supervision of the United States Fish and Wildlife Service, as long as such agency agrees to exercise such responsibility.
(2) The mission of the System is to administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.
(3) With respect to the System, it is the policy of the United States that—
(A) each refuge shall be managed to fulfill the mission of the System, as well as the specific pu
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 668dd
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assistance**
(1) **In general** — Not later than 180 days after December 29, 2022, the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere (in this title 11 See References in Text note below. referred to as the “Under Secretary”) shall establish a program to provide competitive financial assistance, on an annual basis, and cooperative agreements including multiyear grants and direct payment, to eligible entities for eligible uses, such as projects designed to reduce the lethal and sub-lethal effects of human activities on North Atlantic right whales.
(2) **Use of existing authorities** — Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) and the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) et seq.).
(3) **Cooperative agreements** — The Under Secretary may enter into cooperative agreements with the National Fish and Wildlife Foundation established by the National Fish and Wildlife Foundation Establishment Act ([16 U.S.C. 3701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3701&num=0&edition=prelim) et seq.) to carry out this title.1
**(b) Eligible entities** An entity is an eligible entity for purposes of assistance awarded under subsection (a) if the entity is—
(1) a relevant port authority for a port;
(2) a relevant State, regional, local, or Tribal government;
(3) any other individual or entity, as determined appropriate by the U
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1393
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) The terms “conserve” and “conservation” mean to use, and the use of, such methods and procedures which are necessary to ensure, to the maximum extent practicable, the well being and enhancement of fish and wildlife and their habitats for the educational, aesthetic, cultural, recreational, scientific, and ecological enrichment of the public. Such methods and procedures may include, but are not limited to, any activity associated with scientific resources management, such as research, census, law enforcement, habitat acquisition, maintenance, development, information, education, population manipulation, propagation, technical assistance to private landowners, live trapping, and transplantation.
(2) The term “designated State agency” means the government agency, department, or division of any State that is empowered under the laws of the State to exercise the functions ordinarily exercised by a State fish and wildlife agency.
(3) The term “fish and wildlife” means wild members of the animal kingdom that are in an unconfined state.
(4) The term “Fund” means the Wildlife Conservation and Appreciation Fund established under [section 3744(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3744/g&num=0&edition=prelim).
(5) The term “National Fish and Wildlife Foundation” means the charitable and nonprofit corporation established under [section 3701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3701&num=0&edition=prelim).
(6) The term “nonconsumptive activities” means fish and wildlife associated activities other than harvesting of fish and wildlife and includes, but is not limited to, photographing, observing, learning about, or associating with, fish and w
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3743
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Federal law — U.S. Code and appendices · legal_authorities
The activities of the Foundation authorized under the provisions of this Act shall be supplemental to and shall not preempt any authority or responsibility of the United States Forest Service under any other provision of law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 583j–7
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Federal law — U.S. Code and appendices · legal_authorities
For fiscal year 2014 and thereafter, the National Forest Foundation may hold Federal funds made available but not immediately disbursed and may use any interest or other investment income earned (before, on, or after January 17, 2014) on Federal funds to carry out the purposes of Public Law 101–593: Provided further, That such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 583j–9
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Administrator and the Foundation are authorized to establish the National Oceans and Coastal Security Fund as a tax exempt fund to further the purposes of this chapter.
**(b) Deposits**
(1) **In general** — There shall be deposited into the Fund amounts appropriated or otherwise made available to carry out this chapter.
(2) **Prohibitions on donations from foreign governments** — No amounts donated by a foreign government, as defined in [section 7342 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7342&num=0&edition=prelim), may be deposited into the Fund.
**(c) Requirements** Any amounts received by the Foundation pursuant to this chapter shall be subject to the provisions of the National Fish and Wildlife Foundation Establishment Act ([16 U.S.C. 3701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3701&num=0&edition=prelim) et seq.), except the provisions of—
(1) section 4(e)(1)(B) of that Act ([16 U.S.C. 3703(e)(1)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3703/e/1/B&num=0&edition=prelim)); and
(2) section 10(a) of that Act ([16 U.S.C. 3709(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3709/a&num=0&edition=prelim)).
**(d) Expenditure** Of the amounts deposited into the Fund for each fiscal year—
(1) funds may be used by the Foundation to award grants to coastal States under [section 7505(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7505/b&num=0&edition=prelim);
(2) funds may be used by the Foundation to award grants under [section 7505(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7505/c&num=0&editio
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 7503
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2324
TITLE 16—CONSERVATION
§ 3701
CODIFICATION
Section is comprised of section 16 of Pub. L. 99–5. Sec-
tion 16(c) of Pub. L. 99–5 amended section 3632 of this
title.
Pub. L. 109–479, § 302(d)(1), which directed that the
text of section 623 of title VI of H.R. 3421 (113 Stat.
1501A–56), as introduced on November 17, 1999, enacted
into law by section 1000(a)(1) of Pub. L. 106–113 and
amended by Pub. L. 106–533, 114 Stat. 2762A–108, be
transferred to and renumbered as section 16 of the Pa-
cific Salmon Treaty Act, was executed by transferring
Pub. L. 106–113, div. B, § 1000(a)(1) [title VI, § 623], as
amended by Pub. L. 106–553, § 1(a)(2) [title VI, § 628], to
and renumbering it as section 16 of Pub. L. 99–5, which
is the Pacific Salmon Treaty Act of 1985, to reflect the
probable intent of Congress. See source credit above.
AMENDMENTS
2009—Subsec. (d)(2)(A). Pub. L. 111–8, which directed
amendment of ‘‘Section (d)(2)(A) of title 16 U.S.C. 3645’’
by inserting ‘‘Nevada,’’ after ‘‘Idaho,’’, was executed by
making the amendment to section 16 of Pub. L. 99–5,
which is classified to this section, to reflect the prob-
able intent of Congress.
2007—Pub. L. 109–479, § 302(d)(1)(B)(ii), inserted section
catchline.
Subsec. (d)(2)(A). Pub. L. 109–479, § 302(d)(2), inserted
‘‘sustainable salmon fisheries,’’ after ‘‘enhancement,’’,
‘‘2005, 2006, 2007, 2008, and 2009,’’ after ‘‘2003,’’, and
‘‘Idaho,’’ after ‘‘Oregon,’’.
2004—Pub. L. 108–447, which directed the amendment
of section 628(2)(A) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2001, Pub. L. 106–553, by sub-
stituting ‘‘2005’’ for ‘‘2000, 2001, 2002, and 2003’’ and in-
serting ‘‘Idaho,’’ after ‘‘Oregon,’’, was not executed, be-
cause
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3701
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.