16 U.S.C. § 3645 — Northern and Southern Funds; treaty im-

Page 2322 TITLE 16—CONSERVATION § 3642 representatives to international organizations with respect to such commitments; (c) amounts for research, enhancement, and other activities necessary to carry out the purposes of the Treaty and this chapter; and (d) such amounts as may be due to settle ac- counts upon termination of the International Pacific Salmon Fisheries Commission. (Pub. L. 99–5, § 12, Mar. 15, 1985, 99 Stat. 14.) § 3642. Disposition of property of International Pacific Salmon Fisheries Commission The Secretary of State shall dispose of any United States property held by the Inter- national Pacific Salmon Fisheries Commission on the date of its termination in a manner which would further the purposes of this chap- ter. (Pub. L. 99–5, § 13 (part), Mar. 15, 1985, 99 Stat. 15.) Editorial Notes CODIFICATION Section consists of a part of section 13 of Pub. L. 99–5. The remainder of section 13 of Pub. L. 99–5 provided for the repeal, effective Dec. 31, 1985, of the Sockeye Salm- on or Pink Salmon Fishing Act of 1947, act July 29, 1947, ch. 345, 61 Stat. 511, as amended, which was classi- fied to chapter 10A (§ 776 et seq.) of this title. § 3643. Savings provision This chapter shall not be interpreted or ap- plied so as to affect or modify rights established in existing Indian treaties and other existing Federal laws, including the Order entered in Confederated Tribes and Bands of the Yakima Indian Nation v. Baldrige, Civil No. 80–342 (WD WASH.). This section shall not be interpreted or applied so as to affect or modify any rights or obligations of the United States pursuant to the Treaty. (Pub. L. 99–5, § 14, Mar. 15, 1985, 99 Stat. 15.) § 3644. Restriction on spending authority New spending authority or authority to enter into contracts provided in this chapter shall be effective only to such extent, or in such amounts, as are provided in advance in appro- priation Acts. (Pub. L. 99–5, § 15, Mar. 15, 1985, 99 Stat. 15.) § 3645. Northern and Southern Funds; treaty im- plementation; additional authorization of ap- propriations (a) Northern Fund and Southern Fund (1) As provided in the June 30, 1999, Agreement of the United States and Canada on the Treaty Between the Government of the United States and the Government of Canada Concerning Pa- cific Salmon, 1985 (hereafter referred to as the ‘‘1999 Pacific Salmon Treaty Agreement’’) there are hereby established a Northern Boundary and Transboundary Rivers Restoration and Enhance- ment Fund (hereafter referred to as the ‘‘North- ern Fund’’) and a Southern Boundary Restora- tion and Enhancement Fund (hereafter referred to as the ‘‘Southern Fund’’) to be held by the Pacific Salmon Commission. The Northern Fund and Southern Fund shall be invested in interest bearing accounts, bonds, securities, or other in- vestments in order to achieve the highest an- nual yield consistent with protecting the prin- cipal of each Fund. Income from investments made pursuant to this paragraph shall be avail- able until expended, without appropriation or fiscal year limitation, for programs and activi- ties relating to salmon restoration and enhance- ment, salmon research, the conservation of salmon habitat, and implementation of the Pa- cific Salmon Treaty and related agreements. Amounts provided by grants under this sub- section may be held in interest bearing accounts prior to the disbursement of such funds for pro- gram purposes, and any interest earned may be retained for program purposes without further appropriation. The Northern Fund and Southern Fund are subject to the laws governing Federal appropriations and funds and to unrestricted circulars of the Office of Management and Budg- et. Recipients of amounts from either Fund shall keep separate accounts and such records as are reasonably necessary to disclose the use of the funds as well as to facilitate effective audits. (2) FUND MANAGEMENT.— (A) As provided in the 1999 Pacific Salmon Treaty Agreement, amounts made available from the Northern Fund pursuant to para- graph (1) shall be administered by a Northern Fund Committee, which shall be comprised of three representatives of the Government of Canada, and three representatives of the United States. The three United States rep- resentatives shall be the United States Com- missioner and Alternate Commissioner ap- pointed (or designated) from a list submitted by the Governor of Alaska for appointment to the Pacific Salmon Commission and the Re- gional Administrator of the National Marine Fisheries Service for the Alaska Region. Only programs and activities consistent with the purposes in paragraph (1) which affect the geo- graphic area from Cape Caution, Canada to Cape Suckling, Alaska may be approved for funding by the Northern Fund Committee. (B) As provided in the 1999 Pacific Salmon Treaty Agreement, amounts made available from the Southern Fund pursuant to para- graph (1) shall be administered by a Southern Fund Committee, which shall be comprised of three representatives of Canada and three rep- resentatives of the United States. The United States representatives shall be appointed by the Secretary of Commerce: one shall be se- lected from a list of three qualified individuals submitted by the Governors of the States of Washington and Oregon; one shall be selected from a list of three qualified individuals sub- mitted by the treaty Indian tribes (as defined by the Secretary of Commerce); and one shall be the Regional Administrator of the National Marine Fisheries Service for the Northwest Region. Only programs and activities con- sistent with the purposes in paragraph (1) which affect the geographic area south of Cape Caution, Canada may be approved for funding by the Southern Fund Committee. Page 2323 TITLE 16—CONSERVATION § 3645 1 So in original. The word ‘‘and’’ probably should not appear. (b) Pacific Salmon Treaty implementation (1) None of the funds authorized by this sec- tion for implementation of the 1999 Pacific Salmon Treaty Agreement shall be made avail- able until each of the following conditions to the 1999 Pacific Salmon Treaty Agreement has been fulfilled— (A) stipulations are revised and court orders requested as set forth in the letter of under- standing of the United States negotiators dated June 22, 1999. If such orders are not re- quested by December 31, 1999, this condition shall be considered unfulfilled; and (B) a determination is made that— (i) the entry by the United States into the 1999 Pacific Salmon Treaty Agreement; (ii) the conduct of the Alaskan fisheries pursuant to the 1999 Pacific Salmon Treaty Agreement, without further clarification or modification of the management regimes contained therein; and (iii) the decision by the North Pacific Fisheries Management Council to continue to defer its management authority over salmon to the State of Alaska are not likely to cause jeopardy to, or adversely modify designated critical habitat of, any salmonid species listed under Public Law 93–205, as amended [16 U.S.C. 1531 et seq.], in any fish- ery subject to the Pacific Salmon Treaty. (2) If the requests for orders in subparagraph (1)(A) are withdrawn after December 31, 1999, or if such orders are not entered by March 1, 2000, amounts in the Northern Fund and the Southern Fund shall be transferred to the general fund of the United States Treasury. (3) During the term of the 1999 Pacific Salmon Treaty Agreement, the Secretary of Commerce shall determine whether Southern United States fisheries are likely to cause jeopardy to, or ad- versely modify designated critical habitat of, any salmonid species listed under Public Law 93–205, as amended, before the Secretary of Com- merce may initiate or reinitiate consultation on Alaska fisheries under such Act. (4) During the term of the 1999 Pacific Salmon Treaty Agreement, the Secretary of Commerce may not initiate or reinitiate consultation on Alaska fisheries under section 7 of Public Law 93–205, as amended [16 U.S.C. 1536], until— (A) the Pacific Salmon Commission has had a reasonable opportunity to implement the provisions of the 1999 Pacific Salmon Treaty Agreement, including the harvest responses pursuant to paragraph 9, chapter 3 of Annex IV to the Pacific Salmon Treaty; and (B) he determines, in consultation with the United States Section of the Pacific Salmon Commission, that implementation actions under the 1999 Agreement will not return escapements as expeditiously as possible to maximum sustainable yield or other bio- logically-based escapement objectives agreed to by the Pacific Salmon Commission. (5) The Secretary of Commerce shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Resources of the House of Representa- tives of his intent to initiate or reinitiate con- sultation on Alaska fisheries. (6)(A) For purposes of this section, ‘‘Alaska fisheries’’ means all directed Pacific salmon fisheries off the coast of Alaska that are subject to the Pacific Salmon Treaty. (B) For purposes of this section, ‘‘Southern United States fisheries’’ means all directed Pa- cific salmon fisheries in Washington, Oregon, and the Snake River basin of Idaho that are sub- ject to the Pacific Salmon Treaty. (c) Omitted (d) Authorization of appropriations (1) Pacific Salmon Treaty (A) For capitalizing the Northern Fund there is authorized to be appropriated in fiscal years 2000, 2001, 2002, and 2003 a total of $75,000,000. (B) For capitalizing the Southern Fund there is authorized to be appropriated in fiscal years 2000, 2001, 2002, and 2003 a total of $65,000,000. (C) To provide economic adjustment assist- ance to fishermen pursuant to the 1999 Pacific Salmon Treaty Agreement, there is authorized to be appropriated in fiscal years 2000, 2001, and 2002 a total of $30,000,000. (2) Pacific coastal salmon recovery (A) For salmon habitat restoration, salmon stock enhancement, sustainable salmon fish- eries, and salmon research, including the con- struction of salmon research and related fa- cilities, there is authorized to be appropriated for each of fiscal years 2000, 2001, 2002, and 1 2003, 2005, 2006, 2007, 2008, and 2009, $90,000,000 to the States of Alaska, Washington, Oregon, Idaho, Nevada, and California. Amounts appro- priated pursuant to this subparagraph shall be made available as direct payments. The State of Alaska may allocate a portion of any funds it receives under this subsection to eligible ac- tivities outside Alaska. (B) For salmon habitat restoration, salmon stock enhancement, salmon research, and sup- plementation activities, there is authorized to be appropriated in each of fiscal years 2000, 2001, 2002, and 2003, $10,000,000 to be divided be- tween the Pacific Coastal tribes (as defined by the Secretary of Commerce) and the Columbia River tribes (as defined by the Secretary of Commerce). (Pub. L. 99–5, § 16, formerly Pub. L. 106–113, div. B, § 1000(a)(1) [title VI, § 623], Nov. 29, 1999, 113 Stat. 1535, 1501A–56; Pub. L. 106–553, § 1(a)(2) [title VI, § 628], Dec. 21, 2000, 114 Stat. 2762, 2762A–108; Pub. L. 108–447, div. B, title II, Dec. 8, 2004, 118 Stat. 2881; renumbered Pub. L. 99–5, § 16, and amended Pub. L. 109–479, title III, § 302(d), Jan. 12, 2007, 120 Stat. 3623; Pub. L. 111–8, div. B, title I, § 110, Mar. 11, 2009, 123 Stat. 569.) Editorial Notes REFERENCES IN TEXT Public Law 93–205, referred to in subsec. (b)(1)(B)(iii), (3), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, known as the Endangered Species Act of 1973, which is classi- fied generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. 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 this section was enacted by Pub. L. 106–113, and section 628 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appro- priations Act, 2001, was an amendatory provision. See 2007 Amendment note above and 2000 Amendment note below. 2000—Subsec. (a)(1). Pub. L. 106–553, § 1(a)(2) [title VI, § 628(a)], which directed the amendment of par. (1) by striking out ‘‘The Northern Fund and Southern Fund shall each receive $10,000,000 of the amounts authorized by this section.’’, was executed by striking out ‘‘The Northern Fund and Southern Fund shall each receive $10,000,000, of the amounts authorized by this section.’’ after the second sentence, to reflect the probable intent of Congress. Subsec. (d). Pub. L. 106–553, § 1(a)(2) [title VI, § 628(b)], added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: ‘‘(1) For capitalizing the Northern Fund and the Southern Fund, there is authorized to be appro- priated in fiscal year 2000, $20,000,000. ‘‘(2) For salmon habitat restoration, salmon stock enhancement, salmon research, and implementation of the 1999 Pacific Salmon Treaty Agreement and re- lated agreements, there is authorized to be appro- priated in fiscal year 2000, $50,000,000 to the States of California, Oregon, Washington, and Alaska. The State of Alaska may allocate a portion of any funds it receives under this subsection to eligible activities outside Alaska. ‘‘(3) For salmon habitat restoration, salmon stock enhancement, salmon research, and implementation of the 1999 Pacific Salmon Treaty Agreement and re- lated agreements, there is authorized to be appro- priated $6,000,000 in fiscal year 2000 to the Pacific Coastal tribes (as defined by the Secretary of Com- merce) and $2,000,000 in fiscal year 2000 to the Colum- bia River tribes (as defined by the Secretary of Com- merce). Funds appropriated to the States under the authority of this section shall be subject to a 25 percent non-Fed- eral match requirement. In addition, not more than 3 percent of such funds shall be available for administra- tive expenses, with the exception of funds used in the Washington State for the Forest and Fish Agreement.’’ 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. CHAPTER 57—NATIONAL FISH AND WILDLIFE FOUNDATION Sec. 3701. Establishment and purposes of Foundation. 3702. Board of Directors of Foundation. 3703. Rights and obligations of Foundation. 3704. Administrative services and support. 3705. Volunteer status. 3706. Audits, report requirements, and petition of Attorney General for equitable relief. 3707. United States release from liability. 3708. Reservation of right to amend or repeal chap- ter. 3709. Authorization of appropriations. 3710. Limitation on authority. § 3701. Establishment and purposes of Founda- tion (a) Establishment There is established the National Fish and Wildlife Foundation (hereinafter in this chapter referred to as the ‘‘Foundation’’). The Founda- tion 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 pri- vate 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 ac- tivities as will further the conservation and management of the fish, wildlife, and plant re- sources of the United States, and its terri- tories 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. (Pub. L. 98–244, § 2, Mar. 26, 1984, 98 Stat. 107; Pub. L. 100–240, § 1(a), Jan. 11, 1988, 101 Stat. 1785; Pub. L. 103–232, title I, § 102, Apr. 11, 1994, 108 Stat. 336; Pub. L. 106–408, title II, § 202, Nov. 1, 2000, 114 Stat. 1777.) Editorial Notes AMENDMENTS 2000—Subsec. (b)(1). Pub. L. 106–408 added par. (1) and struck out former par. (1) which read as follows: ‘‘to en- courage, accept, and administer private gifts of prop- erty for the benefit of, or in connection with, the ac-