16 U.S.C. § 3704 — Administrative services and support

Page 2329 TITLE 16—CONSERVATION § 3704 for ‘‘that are insured by an agency or instrumentality of the United States’’. Subsec. (c)(1)(E). Pub. L. 116–188, § 107(b)(1)(D), sub- stituted ‘‘subparagraph (C) or (D)’’ for ‘‘paragraph (3) or (4)’’. Subsec. (c)(1)(K), (L). Pub. L. 116–188, § 107(b)(1)(E), (F), added subpars. (K) and (L) and struck out former subpar. (K) which read as follows: ‘‘to do any and all acts necessary and proper to carry out the purposes of the Foundation.’’ Subsec. (c)(2), (3). Pub. L. 116–188, § 107(b)(1)(G), added pars. (2) and (3). Subsecs. (f) to (i). Pub. L. 116–188, § 107(b)(2), (3), redes- ignated subsecs. (h) and (i) as (f) and (g), respectively, and struck out former subsecs. (f) and (g) which related to establishment of national whale conservation en- dowment fund and consultation, respectively. 2006—Subsec. (i). Pub. L. 109–363 substituted ‘‘grant of Federal funds in an amount greater than $10,000’’ for ‘‘grant of funds’’. 2000—Subsec. (a)(3). Pub. L. 106–408, § 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, § 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, § 204(b)(2), added par. (5). Former par. (5) redesignated (9). Pub. L. 106–408, § 203(c)(1), substituted ‘‘Directors of the Foundation’’ for ‘‘Directors of the Board’’. Subsec. (c)(6) to (11). Pub. L. 106–408, § 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, § 204(c), added sub- par. (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 writ- ing.’’ Subsec. (e)(3)(B)(ii). Pub. L. 106–408, § 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, § 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 bet- ter served by the use of the Federal funds for other authorized activities of the Foundation.’’ Subsec. (h). Pub. L. 106–408, § 204(g), added subsec. (h). Subsec. (i). Pub. L. 106–408, § 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, § 1(b), inserted ‘‘and abroad’’ after ‘‘United States’’. Subsec. (c)(2). Pub. L. 100–240, § 2(b), inserted ‘‘, subject to subsection (e)’’ after ‘‘therein’’. Subsec. (e). Pub. L. 100–240, § 2(a), added subsec. (e). Statutory Notes and Related Subsidiaries CONGRESSIONAL FINDINGS—NATIONAL WHALE CONSERVATION Pub. L. 105–277, div. A, § 101(b) [title IX, § 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 eco- logical, scientific, socioeconomic, and esthetic value; ‘‘(2) whale populations— ‘‘(A) form a significant component of marine eco- systems; ‘‘(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 re- covery, and some whale populations, such as the northern right whale (Eubaleana glacialis) remain perilously close to extinction; ‘‘(4) the interactions that occur between ship traf- fic, 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 pop- ulations adversely; ‘‘(6) the conservation of whale populations is sub- ject 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 re- quire long-term conservation programs to ensure recovery of whale populations; and ‘‘(D) the occurrence of whale populations in off- shore waters where undertaking research, moni- toring, and conservation measures is difficult and costly; ‘‘(7)(A) the Secretary of Commerce, through the Ad- ministrator of the National Oceanic and Atmospheric Administration, has research and regulatory respon- sibility for the conservation of whales under the Ma- rine 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 sec- tion 201 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401) have related research and manage- ment activities under the Marine Mammal Protec- tion Act of 1972 or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ‘‘(8) the funding available for the activities de- scribed in paragraph (8) [(7)] is insufficient to support all necessary whale conservation and recovery activi- ties; and ‘‘(9) there is a need to facilitate the use of funds from non-Federal sources to carry out the conserva- tion of whales.’’ DRAW DOWN OF FEDERAL FUNDS; EXEMPTION FROM AUDIT REQUIREMENTS Pub. L. 102–440, title III, § 304, Oct. 23, 1992, 106 Stat. 2235, which provided that the National Fish and Wild- life 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 re- quirements of OMB Circular A–133, for all grants of $100,000 or less, was repealed by Pub. L. 106–408, title II, § 204(d), Nov. 1, 2000, 114 Stat. 1779. § 3704. Administrative services and support (a) Provision of services The Secretary may provide personnel, facili- ties, and other administrative services to the Foundation, including reimbursement of ex- penses under section 3702 of this title, not to ex- ceed then current Federal Government per diem Page 2330 TITLE 16—CONSERVATION § 3705 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). The Secretary shall deposit any reimbursement received under this subsection into the Treasury to the credit of the appropria- tions then current and chargeable for the cost of providing such services. Notwithstanding any other provision of this section, the Secretary of the Interior is author- ized to continue to provide facilities, and nec- essary support services for such facilities, to the National Fish and Wildlife Foundation after March 26, 1989, on a space available, reimburs- able cost basis. (Pub. L. 98–244, § 5, Mar. 26, 1984, 98 Stat. 109; Pub. L. 100–240, § 3, Jan. 11, 1988, 101 Stat. 1786; Pub. L. 100–653, title IX, § 903, Nov. 14, 1988, 102 Stat. 3834.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–653 inserted provision at end author- izing 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 sub- sec. (a), inserted heading, and struck out ‘‘, and may accept reimbursement therefor, to be deposited in the Treasury to the credit of the appropriations then cur- rent and chargeable for the cost of providing such serv- ices’’ after ‘‘March 26, 1984’’, and added subsec. (b). § 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 regula- tions, 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. (Pub. L. 98–244, § 6, Mar. 26, 1984, 98 Stat. 109; Pub. L. 106–408, title II, § 203(c)(2), Nov. 1, 2000, 114 Stat. 1779.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–408 substituted ‘‘Secretary of the In- terior or the Secretary of Commerce’’ for ‘‘Secretary’’ and inserted ‘‘or the Department of Commerce’’ after ‘‘Department of the Interior’’. § 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 Rep- resentatives and the Committee on Environ- ment 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 state- ment 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 re- lief as may be necessary or appropriate. (Pub. L. 98–244, § 7, Mar. 26, 1984, 98 Stat. 110; Pub. L. 100–240, § 2(b)(2), Jan. 11, 1988, 101 Stat. 1786; Pub. L. 106–408, title II, § 205, Nov. 1, 2000, 114 Stat. 1780.) Editorial Notes 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 estab- lished under Federal law’’ on authority of Pub. L. 105–225, § 5(b), Aug. 12, 1998, 112 Stat. 1499, the first sec- tion of which enacted Title 36, Patriotic and National Observances, Ceremonies, and Organizations. AMENDMENTS 2000—Subsec. (b). Pub. L. 106–408 substituted ‘‘the Committee on Resources of the House of Representa- tives 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 de- scription of all acquisition and disposal of real property that is subject to section 3703(e) of this title’’ before pe- riod at end. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. 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