§ 3703. — Rights and obligations 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: 16USC3703]
TITLE 16--CONSERVATION
CHAPTER 57--NATIONAL FISH AND WILDLIFE FOUNDATION
Sec. 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 District 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 selected by the Board
which shall be judicially noticed.
(c) Powers
To carry out its purposes under section 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 District of Columbia, including the power--
(1) to accept, receive, solicit, hold, administer and use any
gift, devise, or bequest, either absolutely or in trust, of real or
personal property or any income therefrom or other interest therein;
(2) to acquire by purchase or exchange any real or personal
property or interest therein, subject to subsection (e) of this
section;
(3) to invest any funds provided to the Foundation by the
Federal Government in obligations of the United States or in
obligations or securities that are guaranteed or insured by the
United States;
(4) to deposit any funds provided to the Foundation by the
Federal Government into accounts that are insured by an agency or
instrumentality of the United States;
(5) to make use of any interest or investment income that
accrues as a consequence of actions taken under paragraph (3) or (4)
to carry out the purposes of the Foundation;
(6) to use Federal funds to make payments under cooperative
agreements entered into with willing private landowners to provide
substantial long-term benefits for the restoration or enhancement of
fish, wildlife, plants, and other natural resources on private land;
(7) unless otherwise required by the instrument of transfer, to
sell, donate, lease, invest, reinvest, retain or otherwise dispose
of any property or income therefrom;
(8) to borrow money and issue bonds, debentures, or other debt
instruments;
(9) to sue and be sued, and complain and defend itself in any
court of competent jurisdiction, except that the Directors of the
Foundation shall not be personally liable, except for gross
negligence;
(10) to enter into contracts or other arrangements with public
agencies and private organizations and persons and to make such
payments as may be necessary to carry out its function; and
(11) to do any and all acts necessary and proper to carry out
the purposes of the Foundation.
For purposes of this chapter, an interest in real property shall be
treated as including, among other things, easements or other rights for
preservation, conservation, protection, or enhancement by and for the
public of natural, scenic, historic, scientific, educational,
inspirational, or recreational resources. A gift, devise, or bequest may
be accepted by the Foundation even though it is encumbered, restricted,
or subject to beneficial interests of private persons if any current or
future interest therein is for the benefit of the Foundation.
(d) Certain lands, waters, and interests not subject to condemnation
No lands or waters, or interests therein, that are owned by the
Foundation and are determined by the Director of the United States Fish
and Wildlife Service or the Migratory Bird Conservation Commission, as
the case may be, to be valuable for purposes of fish and wildlife
conservation or management shall be subject to condemnation by any State
or political subdivision, or any agent or instrumentality thereof.
(e) Acquisition, management, and disposal of real property
(1) The Foundation may only use Federal funds for the acquisition of
interests in real property if--
(A) the interest is a long-term property interest, and
(B) the Foundation notifies the Federal agency that administers
the program under which the funds were provided of the proposed
acquisition, and the agency does not object in writing to the
proposed acquisition within 60 calendar days after the date of the
notification.
(2) The Foundation shall convey to the United States Fish and
Wildlife Service for inclusion within the National Wildlife Refuge
System any real property acquired by the Foundation in whole or in part
with Federal funds if the Director, within one year after the date on
which the property was acquired by the Foundation, requests the
conveyance in writing.
(3)(A) Subject to subparagraph (B), the Foundation may--
(i) convey to another person any real property acquired in whole
or in part with Federal funds and not conveyed under paragraph (2);
and
(ii) grant or otherwise provide Federal funds to another person
for purposes of assisting that person to acquire real property in
whole or in part with such funds.
(B) The Foundation may only make a conveyance or provide Federal
funds under subparagraph (A) if--
(i) the conveyance or provision is subject to terms and
conditions that will ensure that the real property will be
administered for the long-term conservation and management of fish
and wildlife and in a manner that will provide for appropriate
public access and use; and
(ii) the Foundation notifies the Federal agency that administers
the Federal program under which the funds were provided of the
proposed conveyance or provision of Federal funds, and the agency
does not object in writing to the proposed conveyance or provision
of Federal funds within 60 calendar days after the date of the
notification.
(4) All real property acquired by the Foundation in whole or in part
with Federal funds and held by it shall be administered for the
conservation and management of fish and wildlife and in a manner that
will provide for appropriate public access and use.
(5) Reconveyance of real property.--The Foundation shall convey at
not less than fair market value any real property acquired by the
Foundation in whole or in part with Federal funds if the Foundation
notifies the Federal agency that administers the Federal program under
which the funds were provided, and the agency does not disagree within
60 calendar days after the date of the notification, that--
(A) the property is no longer valuable for the purpose of
conservation or management of fish, wildlife, plants, and other
natural resources; and
(B) the purposes of the Foundation would be better served by use
of the proceeds of the conveyance for other authorized activities of
the Foundation.
(f) Establishment of national whale conservation endowment fund
(1) In carrying out the purposes under section 3701(b) of this
title, the Foundation may establish a national whale conservation
endowment fund, to be used by the Foundation to support research,
management activities, or educational programs that contribute to the
protection, conservation, or recovery of whale populations in waters of
the United States.
(2)(A) In a manner consistent with subsection (c)(1) of this
section, the Foundation may--
(i) accept, receive, solicit, hold, administer, and use any
gift, devise, or bequest made to the Foundation for the express
purpose of supporting whale conservation; and
(ii) deposit in the endowment fund under paragraph (1) any funds
made available to the Foundation under this subparagraph, including
any income or interest earned from a gift, devise, or bequest
received by the Foundation under this subparagraph.
(B) To raise funds to be deposited in the endowment fund under
paragraph (1), the Foundation may enter into appropriate arrangements to
provide for the design, copyright, production, marketing, or licensing,
of logos, seals, decals, stamps, or any other item that the Foundation
determines to be appropriate.
(C)(i) The Secretary of Commerce may transfer to the Foundation for
deposit in the endowment fund under paragraph (1) any amount (or portion
thereof) received by the Secretary under section 1375(a)(1) of this
title as a civil penalty assessed by the Secretary under that section.
(ii) The Directors of the Board shall ensure that any amounts
transferred to the Foundation under clause (i) for the endowment fund
under paragraph (1) are deposited in that fund in accordance with this
subparagraph.
(3) It is the intent of Congress that in making expenditures from
the endowment fund under paragraph (1) to carry out activities specified
in that paragraph, the Foundation should give priority to funding
projects that address the conservation of populations of whales that the
Foundation determines--
(A) are the most endangered (including the northern right whale
(Eubaleana glacialis)); or
(B) most warrant, and are most likely to benefit from, research
management, or educational activities that may be funded with
amounts made available from the fund.
(g) Consultation
In carrying out any action on the part of the Foundation under
subsection (f) of this section, the Directors of the Board shall consult
with the Administrator of the National Oceanic and Atmospheric
Administration and the Marine Mammal Commission.
(h) Expenditures for printing services or capital equipment
The Foundation shall not make any expenditure of Federal funds in
connection with any one transaction for printing services or capital
equipment that is greater than $10,000 unless the expenditure is
approved by the Federal agency that administers the Federal program
under which the funds were provided.
(i) Notice to Members of Congress
The Foundation shall not make a grant of funds unless, by not later
than 30 days before the grant is made, the Foundation provides notice of
the grant to the Member of Congress for the congressional district in
which the project to be funded with the grant will be carried out.
(Pub. L. 98-244, Sec. 4, Mar. 26, 1984, 98 Stat. 108; Pub. L. 100-240,
Secs. 1(b), 2(a), (b)(1), Jan. 11, 1988, 101 Stat. 1785, 1786; Pub. L.
105-277, div. A, Sec. 101(b) [title IX, Sec. 903], Oct. 21, 1998, 112
Stat. 2681-50, 2681-120; Pub. L. 106-408, title II, Secs. 203(c)(1),
204(a)-(c), (e)-(g), 206, Nov. 1, 2000, 114 Stat. 1779, 1780.)
Amendments
2000--Subsec. (a)(3). Pub. L. 106-408, Sec. 204(a), inserted ``or in
a county in the State of Maryland or Virginia that borders on the
District of Columbia'' after ``the District of Columbia''.
Subsec. (c)(3), (4). Pub. L. 106-408, Sec. 204(b)(2), added pars.
(3) and (4). Former pars. (3) and (4) redesignated (7) and (8),
respectively.
Subsec. (c)(5). Pub. L. 106-408, Sec. 204(b)(2), added par. (5).
Former par. (5) redesignated (9).
Pub. L. 106-408, Sec. 203(c)(1), substituted ``Directors of the
Foundation'' for ``Directors of the Board''.
Subsec. (c)(6) to (11). Pub. L. 106-408, Sec. 204(b), added par. (6)
and redesignated former pars. (3) to (7) as (7) to (11), respectively.
Subsec. (e)(1)(B). Pub. L. 106-408, Sec. 204(c), added subpar. (B)
and struck out former subpar. (B) which read as follows: ``the Director
of the United States Fish and Wildlife Service (hereafter in this
subsection referred to as the `Director') consents to the acquisition in
writing.''
Subsec. (e)(3)(B)(ii). Pub. L. 106-408, Sec. 204(e), added cl. (ii)
and struck out former cl. (ii) which read as follows: ``the Director
finds that conveyance or provision of Federal funds meets the
requirements of clause (i) and consents to it in writing.''
Subsec. (e)(5). Pub. L. 106-408, Sec. 204(f), added par. (5) and
struck out former par. (5) which read as follows: ``The Foundation shall
convey at not less than fair-market value any real property acquired by
it in whole or in part with Federal funds if the Foundation and the
Director determine, in writing, that--
``(A) the land is no longer valuable for the purposes of fish
and wildlife conservation or management, and
``(B) the purposes of the Foundation would be better served by
the use of the Federal funds for other authorized activities of the
Foundation.''
Subsec. (h). Pub. L. 106-408, Sec. 204(g), added subsec. (h).
Subsec. (i). Pub. L. 106-408, Sec. 206, added subsec. (i).
1998--Subsecs. (f), (g). Pub. L. 105-277 added subsecs. (f) and (g).
1988--Subsec. (a)(2). Pub. L. 100-240, Sec. 1(b), inserted ``and
abroad'' after ``United States''.
Subsec. (c)(2). Pub. L. 100-240, Sec. 2(b), inserted ``, subject to
subsection (e) of this section'' after ``therein''.
Subsec. (e). Pub. L. 100-240, Sec. 2(a), added subsec. (e).
Congressional Findings--National Whale Conservation
Pub. L. 105-277, div. A, Sec. 101(b) [title IX, Sec. 902], Oct. 21,
1998, 112 Stat. 2681-50, 2681-119, provided that: ``Congress finds
that--
``(1) the populations of whales that occur in waters of the
United States are resources of substantial ecological, scientific,
socioeconomic, and esthetic value;
``(2) whale populations--
``(A) form a significant component of marine ecosystems;
``(B) are the subject of intense research;
``(C) provide for a multimillion dollar whale watching
tourist industry that provides the public an opportunity to
enjoy and learn about great whales and the ecosystems of which
the whales are a part; and
``(D) are of importance to Native Americans for cultural and
subsistence purposes;
``(3) whale populations are in various stages of recovery, and
some whale populations, such as the northern right whale (Eubaleana
glacialis) remain perilously close to extinction;
``(4) the interactions that occur between ship traffic,
commercial fishing, whale watching vessels, and other recreational
vessels and whale populations may affect whale populations
adversely;
``(5) the exploration and development of oil, gas, and hard
mineral resources, marine debris, chemical pollutants, noise, and
other anthropogenic sources of change in the habitat of whales may
affect whale populations adversely;
``(6) the conservation of whale populations is subject to
difficult challenges related to--
``(A) the migration of whale populations across
international boundaries;
``(B) the size of individual whales, as that size precludes
certain conservation research procedures that may be used for
other animal species, such as captive research and breeding;
``(C) the low reproductive rates of whales that require
long-term conservation programs to ensure recovery of whale
populations; and
``(D) the occurrence of whale populations in offshore waters
where undertaking research, monitoring, and conservation
measures is difficult and costly;
``(7)(A) the Secretary of Commerce, through the Administrator of
the National Oceanic and Atmospheric Administration, has research
and regulatory responsibility for the conservation of whales under
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
and
``(B) the heads of other Federal agencies and the Marine Mammal
Commission established under section 201 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1401) have related research and
management activities under the Marine Mammal Protection Act of 1972
or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(8) the funding available for the activities described in
paragraph (8) [(7)] is insufficient to support all necessary whale
conservation and recovery activities; and
``(9) there is a need to facilitate the use of funds from non-
Federal sources to carry out the conservation of whales.''
Draw Down of Federal Funds; Exemption From Audit Requirements
Pub. L. 102-440, title III, Sec. 304, Oct. 23, 1992, 106 Stat. 2235,
which provided that the National Fish and Wildlife Foundation could
continue to draw down Federal funds when matching requirements had been
met, that interest earned on funds already drawn down was to be used to
fund all activities as approved by the Board of Directors, and that
Foundation subgrantees would be exempt from the audit reporting and
compliance requirements of OMB Circular A-133, for all grants of
$100,000 or less, was repealed by Pub. L. 106-408, title II,
Sec. 204(d), Nov. 1, 2000, 114 Stat. 1779.
Section Referred to in Other Sections
This section is referred to in section 3706 of this title.
