16 U.S.C. § 3702 — Board of Directors of Foundation

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 Page 2326 TITLE 16—CONSERVATION § 3702 three consecutive regularly scheduled meetings, that individual may be removed from the Board and that vacancy filled in accordance with sub- section (b). (f) Reimbursement of expenses Members of the Board shall serve without pay, but may be reimbursed for the actual and nec- essary traveling and subsistence expenses in- curred 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 con- sistent 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 re- spect to the appointment of officers and employ- ees of the Foundation: (A) In general Officers and employees of the Foundation shall be appointed without regard to the provi- sions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and sub- chapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (B) Executive Director The Foundation shall have an Executive Di- rector who shall be— (i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and (ii) knowledgeable and experienced in mat- ters relating to fish and wildlife conserva- tion. (Pub. L. 98–244, § 3, Mar. 26, 1984, 98 Stat. 107; Pub. L. 101–593, title I, § 110(b), Nov. 16, 1990, 104 Stat. 2959; Pub. L. 103–232, title I, § 103(a)(1), (b), Apr. 11, 1994, 108 Stat. 336; Pub. L. 106–408, title II, § 203(a), (b), Nov. 1, 2000, 114 Stat. 1777, 1778; Pub. L. 110–281, § 2, July 21, 2008, 122 Stat. 2617; Pub. L. 116–188, title I, § 107(a)(1), Oct. 30, 2020, 134 Stat. 917.) Editorial Notes AMENDMENTS 2020—Subsec. (b)(2). Pub. L. 116–188, § 107(a)(1)(A)(i), added par. (2) and struck out former par. (2) which re- lated to appointment of directors by the Secretary of the Interior. Subsec. (b)(3). Pub. L. 116–188, § 107(a)(1)(A)(ii), added par. (3) and struck out former par. (3) which related to terms of directors. Subsec. (g)(2)(A). Pub. L. 116–188, § 107(a)(1)(B)(i), in- serted subpar. heading and struck out first sentence which read as follows: ‘‘Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service.’’ Subsec. (g)(2)(B). Pub. L. 116–188, § 107(a)(1)(B)(ii), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘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 knowl- edgeable and experienced in matters relating to fish and wildlife conservation.’’ 2008—Subsec. (a)(1). Pub. L. 110–281 added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘The Foundation shall have a gov- erning Board of Directors (referred to in this chapter as the ‘Board’), which shall consist of 25 Directors ap- pointed in accordance with subsection (b) of this sec- tion, each of whom shall be a United States citizen.’’ 2000—Subsec. (a). Pub. L. 106–408, § 203(a), added sub- sec. (a) and struck out heading and text of former sub- sec. (a). Text read as follows: ‘‘The Foundation shall have a governing Board of Directors (hereinafter re- ferred to in this chapter as the ‘Board’), which shall consist of 15 Directors, each of whom shall be a United States citizen and— ‘‘(1) six of whom must be knowledgeable or experi- enced in fish and wildlife conservation; and ‘‘(2) 4 of whom must be educated and experienced in the principles of fish and wildlife management. The membership of the Board, to the extent prac- ticable, shall represent diverse points of view relating to fish and wildlife conservation. The Director of the United States Fish and Wildlife Service shall be an ex officio nonvoting member of the Board. Appointment to the Board shall not constitute employment by, or the holding of an office of, the United States for the purposes of any Federal law.’’ Subsec. (b). Pub. L. 106–408, § 203(b), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘By December 31, 1984, the Sec- retary of the Interior (hereinafter referred to in this chapter as the ‘Secretary’) shall appoint the Directors of the Board. The Directors shall be appointed for terms of six years; except that the Secretary, in mak- ing the initial appointments to the Board, shall appoint three Directors to a term of two years, three Directors to a term of four years, and three Directors to a term of six years. A vacancy on the Board shall be filled within sixty days of said vacancy in the manner in which the original appointment was made. No indi- vidual may serve more than two consecutive terms as a Director. The Secretary of the Interior shall consult with the Under Secretary of Commerce for Oceans and Atmosphere before appointing any Director of the Board.’’ 1994—Subsec. (a). Pub. L. 103–232, § 103(b), substituted ‘‘15 Directors’’ for ‘‘nine Directors’’ in introductory provisions and ‘‘4’’ for ‘‘three’’ in par. (2). Subsec. (b). Pub. L. 103–232, § 103(a)(1), inserted at end ‘‘The Secretary of the Interior shall consult with the Under Secretary of Commerce for Oceans and Atmos- phere before appointing any Director of the Board.’’ 1990—Subsec. (g)(2)(A). Pub. L. 101–593 struck out ‘‘, except that no individual so appointed may receive pay in excess of the annual rate of basic pay in effect for grade GS–18 of the General Schedule’’ after ‘‘Gen- eral Schedule pay rates’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–232, title I, § 103(a)(2), Apr. 11, 1994, 108 Stat. 336, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply to ap- pointments of Directors of the Board of Directors of the National Fish and Wildlife Foundation made after the date of the enactment of this Act [Apr. 11, 1994].’’ INITIAL TERMS OF SIX NEW DIRECTORS Pub. L. 103–232, title I, § 103(c), Apr. 11, 1994, 108 Stat. 336, provided that: ‘‘Of the Directors on the Board of Di- rectors of the National Fish and Wildlife Foundation first appointed pursuant to the amendment made by subsection (b)(1) [amending this section], notwith- standing the second sentence of section 3(b) of the Na- tional Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(b))— Page 2327 TITLE 16—CONSERVATION § 3703 1 So in original. The word ‘‘and’’ probably should not appear. ‘‘(1) 2 shall be appointed to a term of 2 years; ‘‘(2) 2 shall be appointed to a term of 4 years; and ‘‘(3) 2 shall be appointed to a term of 6 years; as specified by the Secretary of the Interior at the time of appointment.’’ COMPLETION OF APPOINTMENTS Pub. L. 103–232, title I, § 103(d), Apr. 11, 1994, 108 Stat. 337, provided that: ‘‘The Secretary of the Interior shall appoint the additional members of the Board of Direc- tors of the National Fish and Wildlife Foundation au- thorized by the amendment made by subsection (a) [(b)] [amending this section], by not later than 60 days after the date of the enactment of this Act [Apr. 11, 1994].’’ AUTHORITY OF BOARD NOT AFFECTED Pub. L. 103–232, title I, § 103(e), Apr. 11, 1994, 108 Stat. 337, provided that: ‘‘The authority of the Board of Di- rectors of the National Fish and Wildlife Foundation to take any action otherwise authorized by law shall not be affected by reason of the Secretary of the Interior not having completed the appointment of Directors of the Board of Directors of the National Fish and Wildlife Foundation pursuant to the amendment made by sub- section (b)(1) [amending this section].’’ § 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 Dis- trict 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 se- lected by the Board which shall be judicially no- ticed. (c) Powers (1) In general To carry out the purposes described in sec- tion 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 Dis- trict of Columbia, including the power— (A) to accept, receive, solicit, hold, admin- ister and use any gift, devise, or bequest, ei- ther absolutely or in trust, of real or per- sonal 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 obliga- tions or securities that are guaranteed or in- sured by the United States; (D) to deposit any funds provided to the Foundation by the Federal Government into accounts at 1 or more financial institutions that are members of the Federal Deposit In- surance Corporation or the Securities In- vestment Protection Corporation; (E) to make use of any interest or invest- ment income that accrues as a consequence of actions taken under subparagraph (C) or (D) to carry out the purposes of the Founda- tion; (F) to use Federal funds to make payments under cooperative agreements entered into with willing private landowners to provide substantial long-term benefits for the res- toration or enhancement of fish, wildlife, plants, and other natural resources on pri- vate land; (G) unless otherwise required by the in- strument of transfer, to sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom; (H) to borrow money and issue bonds, de- bentures, or other debt instruments; (I) to sue and be sued, and complain and defend itself in any court of competent juris- diction, except that the Directors of the Foundation shall not be personally liable, except for gross negligence; (J) to enter into contracts or other ar- rangements with public agencies and private organizations and persons and to make such payments as may be necessary to carry out its function; and 1 (K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural re- sources, and other amounts arising from legal, regulatory, or administrative pro- ceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and (L) to do acts necessary to carry out the purposes of the Foundation. (2) Treatment of real property (A) In general For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, his- toric, scientific, educational, inspirational, or recreational resources. (B) Encumbered real property A gift, devise, or bequest may be accepted by the Foundation even though the gift, de- vise, or bequest is encumbered, restricted, or subject to beneficial interests of private per- sons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. (3) Savings clause The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associ- ated with those amounts.