Title 16 — Conservation
Chapter 57 — National Fish and Wildlife Foundation
§ 3703. Rights and obligations of Foundation
Statutory text
In general
The Foundation—
shall have perpetual succession;
may conduct business throughout the several States, territories, and possessions of the United States and abroad;
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
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.
Seal
The Foundation shall have an official seal selected by the Board which shall be judicially noticed.
Powers
In general
To carry out the purposes described in 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—
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;
to acquire by purchase or exchange any real or personal property or interest therein, subject to subsection (e);
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;
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 Insurance Corporation or the Securities Investment Protection Corporation;
to make use of any interest or investment income that accrues as a consequence of actions taken under subparagraph (C) or (D) to carry out the purposes of the Foundation;
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;
unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom;
to borrow money and issue bonds, debentures, or other debt instruments;
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;
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 1
to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, 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
to do acts necessary to carry out the purposes of the Foundation.
Treatment of real property
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, historic, scientific, educational, inspirational, or recreational resources.
Encumbered real property
A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation.
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 associated with those amounts.
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.
Acquisition, management, and disposal of real property
The Foundation may only use Federal funds for the acquisition of interests in real property if—
the interest is a long-term property interest, and
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.
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.
Subject to subparagraph (B), the Foundation may—
convey to another person any real property acquired in whole or in part with Federal funds and not conveyed under paragraph (2); and
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.
The Foundation may only make a conveyance or provide Federal funds under subparagraph (A) if—
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
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.
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.
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—
the property is no longer valuable for the purpose of conservation or management of fish, wildlife, plants, and other natural resources; and
the purposes of the Foundation would be better served by use of the proceeds of the conveyance for other authorized activities of the Foundation.
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.
Notice to Members of Congress
The Foundation shall not make a grant of Federal funds in an amount greater than $10,000 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.
Footnotes
- 1 So in original. The word “and” probably should not appear.
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.
National Fish and Wildlife Foundation Establishment Act
Pub. L. 98–244 § 4 · 98 Stat. 107
Enacted · 16 U.S.C. § 3703
Pub. L. 98–244, § 4, Mar. 26, 1984, 98 Stat. 108
Source evidence
Code source credit
Pub. L. 98–244, § 4, Mar. 26, 1984, 98 Stat. 108Enacted provision · exact public law section
SEC. 4. RIGHTS AND OBLIGATIONS OF THE 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; (3) shall have its principal offices in 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 2, the Foundation shall have, in addition to the powers otherwise given it under this Act, 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; (3) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom; (4) to borrow money and issue bonds, debentures, or other debt instruments; (5) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the Directors of the Board shall not be personally liable, except for gross negligence; (6) 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 (7) to do any and all acts necessary and proper to carry out the purposes of the Foundation. For purposes of this Act, an interest in real property shall be treated Gifts and property. 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.Pub. L. 100–240 § 1(b) · 101 Stat. 1785
Inserted · 16 U.S.C. § 3703(a)(2)
Pub. L. 100–240, § 1(b), inserted “and abroad” after “United States”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 100–240, § 1(b), inserted “and abroad” after “United States”.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 4(a)(2) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(a)(2)) is amended by inserting “and abroad” after “United States”.Pub. L. 100–240 § 2(b) · 101 Stat. 1785
Inserted · 16 U.S.C. § 3703(c)(2)
Pub. L. 100–240, § 2(b), inserted “, subject to subsection (e)” after “therein”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 100–240, § 2(b), inserted “, subject to subsection (e)” after “therein”.Enacted provision · exact public law section
(b) Conforming Amendments.— (1) Section 4(c)(2) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)(2)) is amended by striking “therein;” and inserting in lieu thereof the following: “therein, subject to subsection (e);”. (2) Section 7(b) of such Act (16 U.S.C. 3706(b)) is amended by inserting before the period the following: “; and a description of all acquisition and disposal of real property that is subject to section 4(e).”.Pub. L. 100–240 § 2(a) · 101 Stat. 1785
Added · 16 U.S.C. § 3703(e)
Pub. L. 100–240, § 2(a), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 100–240, § 2(a), added subsec. (e).Enacted provision · exact public law section
(a) In General.— Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended by adding at the end thereof the following: “(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 Director of the United States Fish and Wildlife Service (hereafter in this subsection referred to as the “Director”) consents to the acquisition in writing. “(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 Director finds that conveyance or provision of Federal funds meets the requirements of clause (i) and consents to it in writing. “(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) 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.”.Pub. L. 105–277 div. A § 101(b)(tIX)(s903) · 112 Stat. 2681
Added · 16 U.S.C. § 3703(f); 16 U.S.C. § 3703(g)
Pub. L. 105–277 added subsecs. (f) and (g)
Source evidence
Code amendment note
Subsecs. (f), (g). Pub. L. 105–277 added subsecs. (f) and (g).Enacted provision · exact public law section
Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.National Fish and Wildlife Foundation Establishment Act Amendments of 2000
Pub. L. 106–408 § 204(a) · 114 Stat. 1762
Inserted · 16 U.S.C. § 3703(a)(3)
Pub. L. 106–408, § 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”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 106–408, § 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”.Enacted provision · exact public law section
(a) Principal Office of the Foundation.— Section 4(a)(3) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(a)(3)) is amended by inserting after “the District of Columbia” the following: “or in a county in the State of Maryland or Virginia that borders on the District of Columbia”.National Fish and Wildlife Foundation Establishment Act Amendments of 2000
Pub. L. 106–408 § 204(b)(2) · 114 Stat. 1762
Redesignated · 16 U.S.C. § 3703(c)(3); 16 U.S.C. § 3703(c)(4)
Pub. L. 106–408, § 204(b)(2), added pars. (3) and (4). Former pars. (3) and (4) redesignated (7) and (8), respectively
Source evidence
Code amendment note
Subsec. (c)(3), (4). Pub. L. 106–408, § 204(b)(2), added pars. (3) and (4). Former pars. (3) and (4) redesignated (7) and (8), respectively.Enacted provision · exact public law section
(2) by inserting after paragraph (2) the following; “(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;”.National Fish and Wildlife Foundation Establishment Act Amendments of 2000
Pub. L. 106–408 § 204(b)(2) · 114 Stat. 1762
Redesignated · 16 U.S.C. § 3703(c)(5)
Pub. L. 106–408, § 204(b)(2), added par. (5). Former par. (5) redesignated (9)
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 106–408, § 204(b)(2), added par. (5). Former par. (5) redesignated (9).Enacted provision · exact public law section
(2) by inserting after paragraph (2) the following; “(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;”.National Fish and Wildlife Foundation Establishment Act Amendments of 2000
Pub. L. 106–408 § 203(c)(1) · 114 Stat. 1762
Substituted · 16 U.S.C. § 3703(c)(5)
Pub. L. 106–408, § 203(c)(1), substituted “Directors of the Foundation” for “Directors of the Board”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–408, § 203(c)(1), substituted “Directors of the Foundation” for “Directors of the Board”.Enacted provision · exact public law section
(1) Section 4(c)(5) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended by striking “Directors of the Board” and inserting “Directors of the Foundation”.National Fish and Wildlife Foundation Establishment Act Amendments of 2000
Pub. L. 106–408 § 204(b) · 114 Stat. 1762
Added · 16 U.S.C. § 3703(c)(6)(11)
Pub. L. 106–408, § 204(b), added par. (6)
Redesignated · 16 U.S.C. § 3703(c)(6)(11)
Pub. L. 106–408, § 204(b), redesignated former pars. (3) to (7) as (7) to (11), respectively
Source evidence
Code amendment note
Subsec. (c)(6) to (11). Pub. L. 106–408, § 204(b), added par. (6) and redesignated former pars. (3) to (7) as (7) to (11), respectively.Enacted provision · exact public law section
(b) Investment and Deposit of Federal Funds.— Section 4(c) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)) is amended— (1) by redesignating paragraphs (3) through (7) as paragraphs (7) through (11), respectively; and (2) by inserting after paragraph (2) the following; “(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;”.National Fish and Wildlife Foundation Establishment Act Amendments of 2000
Pub. L. 106–408 § 204(c) · 114 Stat. 1762
Added · 16 U.S.C. § 3703(e)(1)(B)
Pub. L. 106–408, § 204(c), added subpar. (B)
Struck · 16 U.S.C. § 3703(e)(1)(B)
Pub. L. 106–408, § 204(c), 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.”
Source evidence
Code amendment note
Subsec. (e)(1)(B). Pub. L. 106–408, § 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.”Enacted provision · exact public law section
(c) Agency Approval of Acquisitions of Property.— Section 4(e)(1) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(1)) is amended by striking subparagraph (B) and inserting the following: “(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.”.National Fish and Wildlife Foundation Establishment Act Amendments of 2000
Pub. L. 106–408 § 204(e) · 114 Stat. 1762
Added · 16 U.S.C. § 3703(e)(3)(B)(ii)
Pub. L. 106–408, § 204(e), added cl. (ii)
Struck · 16 U.S.C. § 3703(e)(3)(B)(ii)
Pub. L. 106–408, § 204(e), 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.”
Source evidence
Code amendment note
Subsec. (e)(3)(B)(ii). Pub. L. 106–408, § 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.”Enacted provision · exact public law section
(e) Agency Approval of Conveyances and Grants.— Section 4(e)(3)(B) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting the following; “(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”.National Fish and Wildlife Foundation Establishment Act Amendments of 2000
Pub. L. 106–408 § 204(f) · 114 Stat. 1762
Added · 16 U.S.C. § 3703(e)(5)
Pub. L. 106–408, § 204(f), added par. (5)
Struck · 16 U.S.C. § 3703(e)(5)
Pub. L. 106–408, § 204(f), 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—
Source evidence
Code amendment note
Subsec. (e)(5). Pub. L. 106–408, § 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.”
Enacted provision · exact public law section
(f) Reconveyance of Real Property.— Section 4(e) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is amended by striking paragraph (5) and inserting the following: “(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.”.National Fish and Wildlife Foundation Establishment Act Amendments of 2000
Pub. L. 106–408 § 204(g) · 114 Stat. 1762
Added · 16 U.S.C. § 3703(h)
Pub. L. 106–408, § 204(g), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 106–408, § 204(g), added subsec. (h).Enacted provision · exact public law section
(g) Expenditures for Printing Services or Capital Equipment.— Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended by adding at the end the following: “(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.”.National Fish and Wildlife Foundation Establishment Act Amendments of 2000
Pub. L. 106–408 § 206 · 114 Stat. 1762
Added · 16 U.S.C. § 3703(i)
Pub. L. 106–408, § 206, added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 106–408, § 206, added subsec. (i).Enacted provision · exact public law section
SEC. 206. NOTICE TO MEMBERS OF CONGRESS. Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) (as amended by section 204(g)) is amended by adding at the end the following: “(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.”.National Fish and Wildlife Foundation Reauthorization Act of 2006
Pub. L. 109–363 title II § 203 · 120 Stat. 2074
Substituted · 16 U.S.C. § 3703(i)
Pub. L. 109–363 substituted “grant of Federal funds in an amount greater than $10,000” for “grant of funds”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 109–363 substituted “grant of Federal funds in an amount greater than $10,000” for “grant of funds”.Enacted provision · exact public law section
SEC. 203. APPLICATION OF NOTICE REQUIREMENT LIMITED TO GRANTS MADE WITH FEDERAL FUNDS. Section 4(i) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(i)) is amended by striking “grant of funds” and inserting “grant of Federal funds in an amount greater than $10,000”.America’s Conservation Enhancement Act
Pub. L. 116–188 § 107(b)(1)(A) · 134 Stat. 905
Amended · 16 U.S.C. § 3703(c)
Pub. L. 116–188, § 107(b)(1)(A), (B), (G), designated introductory provisions as par. (1)
Inserted · 16 U.S.C. § 3703(c)
Pub. L. 116–188, § 107(b)(1)(A), (B), (G), inserted heading
Substituted · 16 U.S.C. § 3703(c)
Pub. L. 116–188, § 107(b)(1)(A), (B), (G), substituted “To carry out the purposes described in” for “To carry out its purposes under”
Redesignated · 16 U.S.C. § 3703(c)
Pub. L. 116–188, § 107(b)(1)(A), (B), (G), redesignated former pars. (1) to (11) as subpars. (A) to (K), respectively, of par. (1), realigned margins
Struck · 16 U.S.C. § 3703(c)
Pub. L. 116–188, § 107(b)(1)(A), (B), (G), struck out concluding provisions which read as follows: “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.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–188, § 107(b)(1)(A), (B), (G), designated introductory provisions as par. (1), inserted heading, substituted “To carry out the purposes described in” for “To carry out its purposes under”, redesignated former pars. (1) to (11) as subpars. (A) to (K), respectively, of par. (1), realigned margins, and struck out concluding provisions which read as follows: “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.”Enacted provision · exact public law section
(A) by striking “(c) Powers.—To carry out its purposes under” and inserting the following: “(c) Powers.— “(1) In general.— To carry out the purposes described in” ;America’s Conservation Enhancement Act
Pub. L. 116–188 § 107(b)(1)(C) · 134 Stat. 905
Substituted · 16 U.S.C. § 3703(c)(1)(D)
Pub. L. 116–188, § 107(b)(1)(C), substituted “at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation” for “that are insured by an agency or instrumentality of the United States”
Source evidence
Code amendment note
Subsec. (c)(1)(D). Pub. L. 116–188, § 107(b)(1)(C), substituted “at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation” for “that are insured by an agency or instrumentality of the United States”.Enacted provision · exact public law section
(C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking “that are insured by an agency or instrumentality of the United States” and inserting “at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation”;America’s Conservation Enhancement Act
Pub. L. 116–188 § 107(b)(1)(D) · 134 Stat. 905
Substituted · 16 U.S.C. § 3703(c)(1)(E)
Pub. L. 116–188, § 107(b)(1)(D), substituted “subparagraph (C) or (D)” for “paragraph (3) or (4)”
Source evidence
Code amendment note
Subsec. (c)(1)(E). Pub. L. 116–188, § 107(b)(1)(D), substituted “subparagraph (C) or (D)” for “paragraph (3) or (4)”.Enacted provision · exact public law section
(D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking “paragraph (3) or (4)” and inserting “subparagraph (C) or (D)”;America’s Conservation Enhancement Act
Pub. L. 116–188 § 107(b)(1)(E) · 134 Stat. 905
Added · 16 U.S.C. § 3703(c)(1)(K); 16 U.S.C. § 3703(c)(1)(L)
Pub. L. 116–188, § 107(b)(1)(E), (F), added subpars. (K) and (L)
Struck · 16 U.S.C. § 3703(c)(1)(K); 16 U.S.C. § 3703(c)(1)(L)
Pub. L. 116–188, § 107(b)(1)(E), (F), struck out former subpar. (K) which read as follows: “to do any and all acts necessary and proper to carry out the purposes of the Foundation.”
Source evidence
Code amendment note
Subsec. (c)(1)(K), (L). Pub. L. 116–188, § 107(b)(1)(E), (F), added subpars. (K) and (L) and struck out former subpar. (K) which read as follows: “to do any and all acts necessary and proper to carry out the purposes of the Foundation.”Enacted provision · exact public law section
(E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking “and” at the end;America’s Conservation Enhancement Act
Pub. L. 116–188 § 107(b)(1)(G) · 134 Stat. 905
Added · 16 U.S.C. § 3703(c)(2); 16 U.S.C. § 3703(c)(3)
Pub. L. 116–188, § 107(b)(1)(G), added pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (c)(2), (3). Pub. L. 116–188, § 107(b)(1)(G), added pars. (2) and (3).Enacted provision · exact public law section
(G) by striking the undesignated matter at the end and inserting the following: “(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, historic, 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, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons 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 associated with those amounts.” ;America’s Conservation Enhancement Act
Pub. L. 116–188 § 107(b)(2) · 134 Stat. 905
Redesignated · 16 U.S.C. § 3703(f)(i)
Pub. L. 116–188, § 107(b)(2), (3), redesignated subsecs. (h) and (i) as (f) and (g), respectively
Struck · 16 U.S.C. § 3703(f)(i)
Pub. L. 116–188, § 107(b)(2), (3), struck out former subsecs. (f) and (g) which related to establishment of national whale conservation endowment fund and consultation, respectively
Source evidence
Code amendment note
Subsecs. (f) to (i). Pub. L. 116–188, § 107(b)(2), (3), redesignated subsecs. (h) and (i) as (f) and (g), respectively, and struck out former subsecs. (f) and (g) which related to establishment of national whale conservation endowment fund and consultation, respectively.Enacted provision · exact public law section
(2) by striking subsections (f) and (g); and
32 of 32 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in subsec. (c)(2)(A), is Pub. L. 116–188, , 134 Stat. 905, known as the America’s Conservation Enhancement Act. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of this title and Tables.
Amendments1988–2020 · 5 rounds
2020
Subsec. (c). Pub. L. 116–188, § 107(b)(1)(A), (B), (G), designated introductory provisions as par. (1), inserted heading, substituted “To carry out the purposes described in” for “To carry out its purposes under”, redesignated former pars. (1) to (11) as subpars. (A) to (K), respectively, of par. (1), realigned margins, and struck out concluding provisions which read as follows: “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.”
Subsec. (c)(1)(D). Pub. L. 116–188, § 107(b)(1)(C), substituted “at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation” for “that are insured by an agency or instrumentality of the United States”.
Subsec. (c)(1)(E). Pub. L. 116–188, § 107(b)(1)(D), substituted “subparagraph (C) or (D)” for “paragraph (3) or (4)”.
Subsec. (c)(1)(K), (L). Pub. L. 116–188, § 107(b)(1)(E), (F), added subpars. (K) and (L) and struck out former subpar. (K) which read as follows: “to do any and all acts necessary and proper to carry out the purposes of the Foundation.”
Subsec. (c)(2), (3). Pub. L. 116–188, § 107(b)(1)(G), added pars. (2) and (3).
Subsecs. (f) to (i). Pub. L. 116–188, § 107(b)(2), (3), redesignated subsecs. (h) and (i) as (f) and (g), respectively, and struck out former subsecs. (f) and (g) which related to establishment of national whale conservation endowment fund and consultation, respectively.
2006
Subsec. (i). Pub. L. 109–363 substituted “grant of Federal funds in an amount greater than $10,000” for “grant of funds”.
2000
Subsec. (a)(3). Pub. L. 106–408, § 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, § 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, § 204(b)(2), added par. (5). Former par. (5) redesignated (9).
Pub. L. 106–408, § 203(c)(1), substituted “Directors of the Foundation” for “Directors of the Board”.
Subsec. (c)(6) to (11). Pub. L. 106–408, § 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, § 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, § 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, § 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, § 204(g), added subsec. (h).
Subsec. (i). Pub. L. 106–408, § 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, § 1(b), inserted “and abroad” after “United States”.
Subsec. (c)(2). Pub. L. 100–240, § 2(b), inserted “, subject to subsection (e)” after “therein”.
Subsec. (e). Pub. L. 100–240, § 2(a), added subsec. (e).
Statutory Notes and Related Subsidiaries
Congressional Findings—National Whale Conservation
Pub. L. 105–277, div. A, § 101(b) [title IX, § 902], , 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, § 304, , 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, § 204(d), , 114 Stat. 1779.
Credits
1984–2020 · 6 acts
- 1984Pub. L. 98–244, § 4, , 98 Stat. 108
- 1988Pub. L. 100–240, §§ 1(b), 2(a), (b)(1), , 101 Stat. 1785, 1786
- 1998Pub. L. 105–277, div. A, § 101(b) [title IX, § 903], , 112 Stat. 2681–50, 2681–120
- 2000Pub. L. 106–408, title II, §§ 203(c)(1), 204(a)–(c), (e)–(g), 206, , 114 Stat. 1779, 1780
- 2006Pub. L. 109–363, title II, § 203, , 120 Stat. 2075
- 2020Pub. L. 116–188, title I, § 107(b), , 134 Stat. 918.
Show as published
(Pub. L. 98–244, § 4, , 98 Stat. 108; Pub. L. 100–240, §§ 1(b), 2(a), (b)(1), , 101 Stat. 1785, 1786; Pub. L. 105–277, div. A, § 101(b) [title IX, § 903], , 112 Stat. 2681–50, 2681–120; Pub. L. 106–408, title II, §§ 203(c)(1), 204(a)–(c), (e)–(g), 206, , 114 Stat. 1779, 1780; Pub. L. 109–363, title II, § 203, , 120 Stat. 2075; Pub. L. 116–188, title I, § 107(b), , 134 Stat. 918.)