§ 3702. Board of Directors of Foundation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   National Fish and Wildlife Foundation Establishment Act

   Pub. L. 98–244 § 3 · 98 Stat. 107

   Enacted · 16 U.S.C. § 3702

   Pub. L. 98–244, § 3, Mar. 26, 1984, 98 Stat. 107

   Source evidence

   Code source credit
   Pub. L. 98–244, § 3, Mar. 26, 1984, 98 Stat. 107

   Enacted provision · exact public law section
   SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.— The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the “Board”), which shall consist of nine 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) three 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. (b) Appointment and Terms.— By December 31, 1984, the Secretary of the Interior (hereinafter referred to in this Act 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. (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). (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 Act; and (C) undertaking of other such acts as may be necessary to carry out the provisions of this Act. (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, United States Code, governing appointments in the competitive service, and may be 5 USC 5101 et seq. 5 USC 5331. 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, except that no individual so appointed may receive pay in excess of the annual rate of basic 5 USC 5332. pay in effect for grade GS–18 of the General Schedule. (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.

2. 1990

   National Fish and Wildlife Foundation Establishment Act Amendments of 1990

   Pub. L. 101–593 title I § 110(b) · 104 Stat. 2954

   Struck · 16 U.S.C. § 3702(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) Elimination of Section 3(g)(2)(A) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(g)(2)(A)) is amended by striking “rates, 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.”, and inserting “rates.”.

3. 1994

   National Fish and Wildlife Foundation Improvement Act of 1994

   Pub. L. 103–232 § 103(b) · 110 Stat. 336

   1. Substituted · 16 U.S.C. § 3702(a)

      Pub. L. 103–232, § 103(b), substituted “15 Directors” for “nine Directors” in par. (2)

   2. Substituted · 16 U.S.C. § 3702(a)

      Pub. L. 103–232, § 103(b), substituted “4” for “three” in par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–232, § 103(b), substituted “15 Directors” for “nine Directors” in introductory provisions and “4” for “three” in par. (2).

   Enacted provision · exact public law section
   (b) Expansion of Board.— Section 3(a) of the National Fish and Wildlife. Foundation Establishment Act (16 U.S.C. 3702(a)) is amended— (1) in the matter preceding paragraph (1) by striking “nine” and inserting “15”; and (2) in paragraph (2) by striking “three” and inserting “4”.

   Effective date note
   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 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].”

4. 1994

   National Fish and Wildlife Foundation Improvement Act of 1994

   Pub. L. 103–232 § 103(a)(1) · 110 Stat. 336

   Inserted · 16 U.S.C. § 3702(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 Atmosphere before appointing any Director of the Board.”

   Source evidence

   Code amendment note
   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 Atmosphere before appointing any Director of the Board.”

   Enacted provision · exact public law section
   (1) In General.— Section 3(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(b)) is amended by adding at the end the following: “The Secretary of the Interior shall consult with the Under Secretary of Commerce for Oceans and Atmosphere before appointing any Director of the Board”.

   Effective date note
   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 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].”

5. 2000

   National Fish and Wildlife Foundation Establishment Act Amendments of 2000

   Pub. L. 106–408 § 203(a) · 114 Stat. 1762

   1. Added · 16 U.S.C. § 3702(a)

      Pub. L. 106–408, § 203(a), added subsec. (a)

   2. Struck · 16 U.S.C. § 3702(a)

      Pub. L. 106–408, § 203(a), 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—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–408, § 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.”

   Enacted provision · exact public law section
   (a) Establishment and Membership.— Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (a) and inserting the following: “(a) Establishment and Membership.— “(1) In general.— The Foundation shall have a governing Board of Directors (referred to in this Act as the ‘Board’), which shall consist of 25 Directors appointed in accordance with subsection (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 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.”.

6. 2000

   National Fish and Wildlife Foundation Establishment Act Amendments of 2000

   Pub. L. 106–408 § 203(b) · 114 Stat. 1762

   1. Added · 16 U.S.C. § 3702(b)

      Pub. L. 106–408, § 203(b), added subsec. (b)

   2. Struck · 16 U.S.C. § 3702(b)

      Pub. L. 106–408, § 203(b), 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.”

   Source evidence

   Code amendment note
   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 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.”

   Enacted provision · exact public law section
   (b) Appointment and Terms.— Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (b) and inserting the following: “(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 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 the date of the enactment of this paragraph 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.”.

7. 2008

   National Fish and Wildlife Foundation Establishment Act Amendment of 2008

   Pub. L. 110–281 § 2 · 122 Stat. 2617

   1. Added · 16 U.S.C. § 3702(a)(1)

      Pub. L. 110–281 added par. (1)

   2. Struck · 16 U.S.C. § 3702(a)(1)

      Pub. L. 110–281 struck out former par. (1). Prior to amendment, text read as follows: “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.”

   Source evidence

   Code amendment note
   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 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.”

   Enacted provision · exact public law section
   SEC. 2. BOARD OF DIRECTORS OF THE FOUNDATION.   Section 3(a) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(a)) is amended by striking paragraph (1) and inserting the following: “(1) In general.— The Foundation shall have a governing Board of Directors (referred to in this Act as the ‘Board’), which shall consist of 30 Directors appointed in accordance with subsection (b), each of whom shall be a United States citizen.” .

8. 2020

   America’s Conservation Enhancement Act

   Pub. L. 116–188 § 107(a)(1)(A)(i) · 134 Stat. 905

   1. Added · 16 U.S.C. § 3702(b)(2)

      Pub. L. 116–188, § 107(a)(1)(A)(i), added par. (2)

   2. Struck · 16 U.S.C. § 3702(b)(2)

      Pub. L. 116–188, § 107(a)(1)(A)(i), struck out former par. (2) which related to appointment of directors by the Secretary of the Interior

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 116–188, § 107(a)(1)(A)(i), added par. (2) and struck out former par. (2) which related to appointment of directors by the Secretary of the Interior.

   Enacted provision · exact public law section
   (i) by striking paragraph (2) and inserting the following: “(2) Appointment of directors.— After consulting with the Secretary of Commerce 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.” ; and

9. 2020

   America’s Conservation Enhancement Act

   Pub. L. 116–188 § 107(a)(1)(A)(ii) · 134 Stat. 905

   1. Added · 16 U.S.C. § 3702(b)(3)

      Pub. L. 116–188, § 107(a)(1)(A)(ii), added par. (3)

   2. Struck · 16 U.S.C. § 3702(b)(3)

      Pub. L. 116–188, § 107(a)(1)(A)(ii), struck out former par. (3) which related to terms of directors

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (ii) by striking paragraph (3) and inserting the following: “(3) Terms.— Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.” ; and

10. 2020

    America’s Conservation Enhancement Act

    Pub. L. 116–188 § 107(a)(1)(B)(i) · 134 Stat. 905

    1. Inserted · 16 U.S.C. § 3702(g)(2)(A)

       Pub. L. 116–188, § 107(a)(1)(B)(i), inserted subpar. heading

    2. Struck · 16 U.S.C. § 3702(g)(2)(A)

       Pub. L. 116–188, § 107(a)(1)(B)(i), 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.”

    Source evidence

    Code amendment note
    Subsec. (g)(2)(A). Pub. L. 116–188, § 107(a)(1)(B)(i), inserted 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.”

    Enacted provision · exact public law section
    (i) in subparagraph (A), by striking “(A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers” and inserting the following: “(A) In general.— Officers” ; and

11. 2020

    America’s Conservation Enhancement Act

    Pub. L. 116–188 § 107(a)(1)(B)(ii) · 134 Stat. 905

    1. Added · 16 U.S.C. § 3702(g)(2)(B)

       Pub. L. 116–188, § 107(a)(1)(B)(ii), added subpar. (B)

    2. Struck · 16 U.S.C. § 3702(g)(2)(B)

       Pub. L. 116–188, § 107(a)(1)(B)(ii), 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 knowledgeable and experienced in matters relating to fish and wildlife conservation.”

    Source evidence

    Code amendment note
    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 knowledgeable and experienced in matters relating to fish and wildlife conservation.”

    Enacted provision · exact public law section
    (ii) by striking subparagraph (B) and inserting the following: “(B) Executive director.— The Foundation shall have an Executive Director 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 matters relating to fish and wildlife conservation.” .

19 of 19 references resolved to an enrolled provision