16 U.S.C. § 3709 — Authorization of appropriations

Page 2331 TITLE 16—CONSERVATION § 3709 as a note under section 1113 of Title 31, Money and Fi- nance. § 3707. United States release from liability The United States shall not be liable for any debts, defaults, acts, or omissions of the Foun- dation nor shall the full faith and credit of the United States extend to any obligation of the Foundation. (Pub. L. 98–244, § 8, Mar. 26, 1984, 98 Stat. 110.) § 3708. Reservation of right to amend or repeal chapter The Congress expressly reserves the right to repeal or amend this chapter at any time. (Pub. L. 98–244, § 9, Mar. 26, 1984, 98 Stat. 110.) § 3709. Authorization of appropriations (a) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this Act for each of fiscal years 2021 through 2030— (A) $15,000,000 to the Secretary of the Inte- rior; (B) $5,000,000 to the Secretary of Agri- culture; and (C) $5,000,000 to the Secretary of Com- merce. (2) Requirement of advance payment The amount made available for a fiscal year under paragraph (1) shall be provided to the Foundation in an advance payment of the en- tire amount on October 1, or as soon as prac- ticable thereafter, of the fiscal year. (3) Use of appropriated funds Subject to paragraph (4), amounts made available under paragraph (1) shall be provided to the Foundation for use for matching, on a 1-to-1 basis, contributions (whether in cur- rency, services, or property) made to the Foundation, or to a recipient of a grant pro- vided by the Foundation, by private persons and State and local government agencies. (4) Prohibition on use for administrative ex- penses No Federal funds made available under para- graph (1) shall be used by the Foundation for administrative expenses of the Foundation, in- cluding for salaries, travel and transportation expenses, and other overhead expenses. (b) Additional authorization (1) Amounts from Federal agencies (A) In general In addition to the amounts authorized to be appropriated under subsection (a), Fed- eral departments, agencies, or instrumental- ities are authorized to provide funds to the Foundation through Federal financial assist- ance grants, cooperative agreements, par- ticipating agreements, and similar instru- ments used for providing partnership funds, subject to the condition that the amounts are used for purposes that further the con- servation and management of fish, wildlife, plants, and other natural resources in ac- cordance with this Act. (B) Funding agreements Federal departments, agencies, and instru- mentalities may enter into a Federal fund- ing agreement with the Foundation for a pe- riod of not more than 10 years. (C) Advances Federal departments, agencies, or instru- mentalities may, and should when possible, advance amounts described in subparagraph (A) to the Foundation in a lump sum with- out regard to when the expenses for which the amounts are used are incurred. (D) Management fees The Foundation may assess and collect fees for the management of amounts re- ceived under this paragraph. (2) Use of amounts accepted from Federal agencies Federal funds provided to the Foundation under paragraph (1) may be used by the Foun- dation for matching, in whole or in part, con- tributions (whether in currency, services, or property) made to the Foundation by private persons, State and local government agencies, and other entities. (3) Administration of amounts (A) In general In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumen- tality shall have discretion to waive any competitive process applicable to the depart- ment, agency, or instrumentality for enter- ing into contracts, agreements, or partner- ships with the Foundation if the purpose of the waiver is— (i) to address an environmental emer- gency resulting from a natural or other disaster; or (ii) as determined by the head of the ap- plicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. (B) Reports The Foundation shall include in the an- nual report submitted under section 3706(b) of this title a description of any use of the authority under subparagraph (A) by a Fed- eral department, agency, or instrumentality in that fiscal year. (c) Prohibition on use of grant amounts for liti- gation and lobbying expenses Amounts provided as a grant by the Founda- tion shall not be used for— (1) any expense related to litigation; or (2) any activity the purpose of which is to in- fluence legislation pending before Congress. (d) Use of gifts, devises, or bequests of money or other property Any gifts, devises, or bequests of amounts or other property, or any other amounts or other Page 2332 TITLE 16—CONSERVATION § 3710 property, transferred to, deposited with, or oth- erwise in the possession of the Foundation pur- suant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and ex- pended (or the disposition of the amounts or property directed), without further appropria- tion, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural re- sources. (Pub. L. 98–244, § 10, Mar. 26, 1984, 98 Stat. 110; Pub. L. 100–240, § 4, Jan. 11, 1988, 101 Stat. 1786; Pub. L. 101–593, title I, § 110(c), Nov. 16, 1990, 104 Stat. 2960; Pub. L. 103–232, title I, § 104, Apr. 11, 1994, 108 Stat. 337; Pub. L. 106–408, title II, § 207, Nov. 1, 2000, 114 Stat. 1781; Pub. L. 107–141, § 6, Feb. 12, 2002, 116 Stat. 14; Pub. L. 109–363, title II, §§ 202, 204, Oct. 17, 2006, 120 Stat. 2075; Pub. L. 116–188, title I, § 107(c), Oct. 30, 2020, 134 Stat. 919; Pub. L. 118–198, title I, § 106, Dec. 23, 2024, 138 Stat. 2680.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(1), (b)(1)(A), (3)(A), and (d), is Pub. L. 116–188, Oct. 30, 2020, 134 Stat. 905, known as the America’s Conservation Enhance- ment Act. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of this title and Tables. AMENDMENTS 2024—Subsec. (a)(1). Pub. L. 118–198, § 106(1), sub- stituted ‘‘2030’’ for ‘‘2025’’ in introductory provisions. Subsec. (b)(1)(A). Pub. L. 118–198, § 106(2)(A), sub- stituted ‘‘, cooperative agreements, participating agreements, and similar instruments used for providing partnership funds,’’ for ‘‘and cooperative agreements,’’. Subsec. (b)(1)(B). Pub. L. 118–198, § 106(2)(C), added subpar. (B). Former subpar. (B) redesignated (C). Subsec. (b)(1)(C). Pub. L. 118–198, § 106(2)(D), inserted ‘‘, and should when possible,’’ after ‘‘may’’. Pub. L. 118–198, § 106(2)(B), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D). Subsec. (b)(1)(D). Pub. L. 118–198, § 106(2)(B), redesig- nated subpar. (C) as (D). 2020—Subsec. (a)(1). Pub. L. 116–188, § 107(c)(1), added par. (1) and struck out former par. (1) which related to authorization of appropriations for fiscal years 2006 through 2010. Subsec. (b)(1). Pub. L. 116–188, § 107(c)(2)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘In addition to the amounts au- thorized to be appropriated under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the conservation and manage- ment of fish, wildlife, plants, and other natural re- sources in accordance with the requirements of this chapter.’’ Subsec. (b)(2). Pub. L. 116–188, § 107(c)(2)(B), sub- stituted, in heading, ‘‘amounts’’ for ‘‘funds’’ and, in text, ‘‘may be used’’ for ‘‘shall be used’’ and ‘‘, State and local government agencies, and other entities’’ for ‘‘and State and local government agencies’’. Subsec. (b)(3). Pub. L. 116–188, § 107(c)(2)(C), added par. (3). Subsec. (d). Pub. L. 116–188, § 107(c)(3), added subsec. (d). 2006—Subsec. (a)(1). Pub. L. 109–363, § 202, substituted ‘‘fiscal years 2006 through 2010’’ for ‘‘fiscal years 2001 through 2005’’. Subsec. (a)(3). Pub. L. 109–363, § 204, inserted ‘‘, or to a recipient of a grant provided by the Foundation,’’ after ‘‘made to the Foundation’’. 2002—Subsec. (a)(1). Pub. L. 107–141, § 6(1), substituted ‘‘2005’’ for ‘‘2003’’. Subsec. (a)(1)(A). Pub. L. 107–141, § 6(2), substituted ‘‘$25,000,000’’ for ‘‘$20,000,000’’. 2000—Pub. L. 106–408 added text of section and struck out former text which read as follows: ‘‘(a) AUTHORIZATION.—There are authorized to be ap- propriated to the Department of the Interior $25,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998. ‘‘(b) USE OF AMOUNTS APPROPRIATED.—(1) Subject to paragraph (2), amounts appropriated under this section shall be made available to the Foundation for use for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Founda- tion by private persons and State and local government agencies. ‘‘(2) No Federal funds authorized under this section shall be used by the Foundation for administrative ex- penses of the Foundation, including for salaries, travel and transportation expenses, and other overhead ex- penses. ‘‘(c) ADDITIONAL AUTHORIZATION.—The amounts au- thorized to be appropriated under this section are in addition to any amounts provided or available to the Foundation under any other Federal law.’’ 1994—Subsec. (a). Pub. L. 103–232, § 104(a)(1), sub- stituted ‘‘$25,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998’’ for ‘‘not to exceed $15,000,000 for fis- cal year 1991, not to exceed $20,000,000 for fiscal year 1992, and not to exceed $25,000,000 for fiscal year 1993’’. Subsec. (b). Pub. L. 103–232, § 104(b), substituted ‘‘paragraph (2)’’ for ‘‘paragraphs (2) and (3)’’. Subsec. (c). Pub. L. 103–232, § 104(a)(2), added subsec. (c). 1990—Pub. L. 101–593 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated to the Department of the Interior for each of fiscal years 1988 through 1993, inclu- sive, not to exceed $5,000,000 to be made available to the Foundation— ‘‘(1) to match partially or wholly the amount or value of contributions (whether in currency, services, or property) made to the Foundation by private per- sons and State and local government agencies; and ‘‘(2) to provide administrative services under sec- tion 3704 of this title.’’ 1988—Pub. L. 100–240 amended section generally. Prior to amendment, section read as follows: ‘‘For the ten- year period beginning on October 1, 1984, there are au- thorized to be appropriated to the Department of the Interior not to exceed $1,000,000 to be made available to the Foundation— ‘‘(1) to match, on a one-for-one basis, private con- tributions made to the Foundation; and ‘‘(2) to provide administrative services under sec- tion 3704 of this title.’’ § 3710. Limitation on authority Nothing in this chapter authorizes the Foun- dation to perform any function the exclusive au- thority for which is provided to the National Park Foundation by subchapter II of chapter 1011 of title 54. (Pub. L. 98–244, § 11, as added Pub. L. 106–408, title II, § 208, Nov. 1, 2000, 114 Stat. 1781; amended Pub. L. 113–287, § 5(d)(35), Dec. 19, 2014, 128 Stat. 3267; Pub. L. 116–188, title I, § 107(d), Oct. 30, 2020, 134 Stat. 920.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–188 inserted ‘‘exclusive’’ before ‘‘au- thority’’.