§ 3702. — Board of Directors of Foundation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3702]
TITLE 16--CONSERVATION
CHAPTER 57--NATIONAL FISH AND WILDLIFE FOUNDATION
Sec. 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 25 Directors appointed in accordance with subsection (b) of this
section, 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 diverse 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 Foundation 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) Appointments by the Secretary of the Interior
(A) In general
Subject to subparagraph (B), after consulting with the
Secretary of Commerce and considering the recommendations
submitted by the Board, the Secretary of the Interior shall
appoint 23 Directors who meet the criteria established by
subsection (a) of this section, of whom--
(i) at least six shall be educated or experienced in
fish, wildlife, or other natural resource conservation;
(ii) at least four shall be educated or experienced in
the principles of fish, wildlife, or other natural resource
management; and
(iii) at least four shall be educated or experienced in
ocean and coastal resource conservation.
(B) Transition provision
(i) Continuation of terms
The 15 Directors serving on the Board as of November 1,
2000, shall continue to serve until the expiration of their
terms.
(ii) New Directors
Subject to paragraph (3), the Secretary of the Interior
shall appoint eight new Directors.
(3) Terms
(A) In general
Subject to subparagraph (B), each Director (other than a
Director described in paragraph (1)) shall be appointed for a
term of 6 years.
(B) Initial appointments to new member positions
Of the Directors appointed by the Secretary of the Interior
under paragraph (2)(B)(ii), the Secretary shall appoint, in
fiscal year 2001, three Directors for a term of 6 years.
(C) Subsequent appointments to new member positions
Of the Directors appointed by the Secretary of the Interior
under paragraph (2)(B)(ii), the Secretary shall appoint, in
fiscal year 2002--
(i) two Directors for a term of 2 years; and
(ii) three Directors for a term of 4 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 remainder of the term.
(5) Reappointment
An individual (other than an individual described in paragraph
(1)) shall not serve more than 2 consecutive terms as a Director,
excluding 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 letter describing the nonperformance of a Director
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 consult 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 transaction of business.
(e) Meetings
The Board shall meet at the call of the Chairman at least once a
year. If a Director misses three consecutive regularly scheduled
meetings, that individual may be removed from the Board and that vacancy
filled in accordance with subsection (b) of this section.
(f) Reimbursement of expenses
Members of the Board shall serve without pay, but may be reimbursed
for the actual and necessary traveling and subsistence expenses incurred
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 consistent 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 respect to the appointment
of officers and employees of the Foundation:
(A) Officers and employees may not be appointed until the
Foundation has sufficient funds to pay them for their service.
Officers and employees of the Foundation shall be appointed without
regard to the provisions of title 5 governing appointments in the
competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule pay rates.
(B) 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
knowledgeable and experienced in matters relating to fish and
wildlife conservation.
(Pub. L. 98-244, Sec. 3, Mar. 26, 1984, 98 Stat. 107; Pub. L. 101-593,
title I, Sec. 110(b), Nov. 16, 1990, 104 Stat. 2959; Pub. L. 103-232,
title I, Sec. 103(a)(1), (b), Apr. 11, 1994, 108 Stat. 336; Pub. L. 106-
408, title II, Sec. 203(a), (b), Nov. 1, 2000, 114 Stat. 1777, 1778.)
References in Text
Provisions of title 5 governing appointments in competitive service,
referred to in subsec. (g)(2)(A), are classified to section 3301 et seq.
of Title 5, Government Organization and Employees.
Amendments
2000--Subsec. (a). Pub. L. 106-408, Sec. 203(a), added subsec. (a)
and struck out heading and text of former subsec. (a). Text read as
follows: ``The Foundation shall have a governing Board of Directors
(hereinafter referred 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 experienced 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 practicable, 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, Sec. 203(b), added subsec. (b) and
struck out heading and text of former subsec. (b). Text read as follows:
``By December 31, 1984, the Secretary 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 making 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 individual 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, Sec. 103(b), substituted ``15
Directors'' for ``nine Directors'' in introductory provisions and ``4''
for ``three'' in par. (2).
Subsec. (b). Pub. L. 103-232, Sec. 103(a)(1), inserted at end ``The
Secretary of the Interior shall consult with the Under Secretary of
Commerce for Oceans and Atmosphere 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
``General Schedule pay rates''.
Effective Date of 1994 Amendment
Section 103(a)(2) of Pub. L. 103-232 provided that: ``The amendment
made by paragraph (1) [amending this section] shall apply to
appointments 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
Section 103(c) of Pub. L. 103-232 provided that: ``Of the Directors
on the Board of Directors of the National Fish and Wildlife Foundation
first appointed pursuant to the amendment made by subsection (b)(1)
[amending this section], notwithstanding the second sentence of section
3(b) of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3702(b))--
``(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
Section 103(d) of Pub. L. 103-232 provided that: ``The Secretary of
the Interior shall appoint the additional members of the Board of
Directors of the National Fish and Wildlife Foundation authorized 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
Section 103(e) of Pub. L. 103-232 provided that: ``The authority of
the Board of Directors 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 subsection
(b)(1) [amending this section].''
Section Referred to in Other Sections
This section is referred to in sections 3704, 4403 of this title.
