16 U.S.C. § 3701 — Establishment and purposes of Founda-

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- Page 2325 TITLE 16—CONSERVATION § 3702 tivities and services of the United States Fish and Wildlife Service and the National Oceanic and Atmos- pheric Administration;’’. 1994—Subsec. (b)(1). Pub. L. 103–232 inserted before semicolon at end ‘‘and the National Oceanic and At- mospheric Administration’’. 1988—Subsec. (b)(3). Pub. L. 100–240 added par. (3). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–281, § 1, July 21, 2008, 122 Stat. 2617, pro- vided that: ‘‘This Act [amending section 3702 of this title] may be cited as the ‘National Fish and Wildlife Foundation Establishment Act Amendment of 2008’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–363, title II, § 201, Oct. 17, 2006, 120 Stat. 2075, provided that: ‘‘This title [amending sections 3703 and 3709 of this title] may be cited as the ‘National Fish and Wildlife Foundation Reauthorization Act of 2006’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–408, title II, § 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, § 101(b) [title IX, § 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 Pub. L. 103–232, title I, § 101, Apr. 11, 1994, 108 Stat. 336, provided that: ‘‘This title [amending this section and sections 3702 and 3709 of this title and enacting provi- sions listed in a table of National Environmental Cen- ters set out under section 668dd of this title and provi- sions set out as notes under section 3702 of this title] may be cited as the ‘National Fish and Wildlife Foun- dation Improvement Act of 1994’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–593, title I, § 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 Pub. L. 98–244, § 1, Mar. 26, 1984, 98 Stat. 107, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘National Fish and Wildlife Foundation Establish- ment Act’.’’ § 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 Di- rectors appointed in accordance with sub- section (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 di- verse 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 Founda- tion 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 Com- merce 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 de- scribed 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 expiration of the term of a Director shall be appointed for the re- mainder of the term. (5) Reappointment An individual (other than an individual de- scribed in paragraph (1)) shall not serve more than 2 consecutive terms as a Director, ex- cluding 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 let- ter describing the nonperformance of a Direc- tor 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 con- sult 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 trans- action of business. (e) Meetings The Board shall meet at the call of the Chair- man at least once a year. If a Director misses