§ 3709. Authorization of appropriations

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 § 10 · 98 Stat. 107

   Enacted · 16 U.S.C. § 3709

   Pub. L. 98–244, § 10, Mar. 26, 1984, 98 Stat. 110

   Source evidence

   Code source credit
   Pub. L. 98–244, § 10, Mar. 26, 1984, 98 Stat. 110

   Enacted provision · exact public law section
   SEC. 10. AUTHORIZATION OF APPROPRIATIONS. For the ten-year period beginning on October 1, 1984, there are authorized to be appropriated to the Department of the Interior not to exceed $1,000,000 to be made available to the Foundation— (1) to match, on a one-for-one basis, private contributions made to the Foundation; and (2) to provide administrative services under section 5.

2. 1988

   Pub. L. 100–240 § 4 · 101 Stat. 1785

   Amended · 16 U.S.C. § 3709

   Pub. L. 100–240 amended section generally. Prior to amendment, section read as follows: “For the ten-year period beginning on October 1, 1984, there are authorized to be appropriated to the Department of the Interior not to exceed $1,000,000 to be made available to the Foundation—

   Source evidence

   Code amendment note
   Pub. L. 100–240 amended section generally. Prior to amendment, section read as follows: “For the ten-year period beginning on October 1, 1984, there are authorized to be appropriated to the Department of the Interior not to exceed $1,000,000 to be made available to the Foundation—

   “(1) to match, on a one-for-one basis, private contributions made to the Foundation; and “(2) to provide administrative services under section 3704 of this title.”

   Enacted provision · exact public law section
   SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended to read as follows: “SEC. 10. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to the Department of the Interior for each of fiscal years 1988 through 1993, inclusive, not to exceed $5,000,000 to be made available to the Foundation— “(1) to match partially or wholly the amount or value of contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies; and “(2) to provide administrative services under section 5.”.

3. 1990

   National Fish and Wildlife Foundation Establishment Act Amendments of 1990

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

   Amended · 16 U.S.C. § 3709

   Pub. L. 101–593 amended section generally. Prior to amendment, section read as follows: “There are authorized to be appropriated to the Department of the Interior for each of fiscal years 1988 through 1993, inclusive, not to exceed $5,000,000 to be made available to the Foundation—

   Source evidence

   Code amendment note
   Pub. L. 101–593 amended section generally. Prior to amendment, section read as follows: “There are authorized to be appropriated to the Department of the Interior for each of fiscal years 1988 through 1993, inclusive, not to exceed $5,000,000 to be made available to the Foundation—

   “(1) to match partially or wholly the amount or value of contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies; and “(2) to provide administrative services under section 3704 of this title.”

   Enacted provision · exact public law section
   (c) Authorization of Appropriations.— Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended to read as follows: “SEC. 10. AUTHORIZATION OF APPROPRIATIONS. “(a) Authorization.— There are authorized to be appropriated to the Department of the Interior not to exceed $15,000,000 for fiscal year 1991, not to exceed $20,000,000 for fiscal year 1992, and not to exceed $25,000,000 for fiscal year 1993. “(b) Use of Amounts Appropriated.— (1) Subject to paragraphs (2) and (3), amounts appropriated under this section shall be made available to the Foundation for use for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. “(2) No Federal funds authorized under this section shall be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses.”.

4. 1994

   National Fish and Wildlife Foundation Improvement Act of 1994

   Pub. L. 103–232 § 104(a)(1) · 110 Stat. 336

   Substituted · 16 U.S.C. § 3709(a)

   Pub. L. 103–232, § 104(a)(1), substituted “$25,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998” for “not to exceed $15,000,000 for fiscal year 1991, not to exceed $20,000,000 for fiscal year 1992, and not to exceed $25,000,000 for fiscal year 1993”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–232, § 104(a)(1), substituted “$25,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998” for “not to exceed $15,000,000 for fiscal year 1991, not to exceed $20,000,000 for fiscal year 1992, and not to exceed $25,000,000 for fiscal year 1993”.

   Enacted provision · exact public law section
   (1) in subsection (a) by striking “not to exceed $15,000,000” and all that follows through the end of the sentence and inserting “$25,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998”; and

5. 1994

   National Fish and Wildlife Foundation Improvement Act of 1994

   Pub. L. 103–232 § 104(b) · 110 Stat. 336

   Substituted · 16 U.S.C. § 3709(b)

   Pub. L. 103–232, § 104(b), substituted “paragraph (2)” for “paragraphs (2) and (3)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–232, § 104(b), substituted “paragraph (2)” for “paragraphs (2) and (3)”.

   Enacted provision · exact public law section
   (b) Clerical Amendment.— Section 10(b)(l) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709(b)(D) is amended by striking “paragraphs (2) and (3),” and inserting “paragraph (2),”.

6. 1994

   National Fish and Wildlife Foundation Improvement Act of 1994

   Pub. L. 103–232 § 104(a)(2) · 110 Stat. 336

   Added · 16 U.S.C. § 3709(c)

   Pub. L. 103–232, § 104(a)(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–232, § 104(a)(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(c) Additional Authorization.— The amounts authorized to be appropriated under this section are in addition to any amounts provided or available to the Foundation under any other Federal law”.

7. 2000

   National Fish and Wildlife Foundation Establishment Act Amendments of 2000

   Pub. L. 106–408 title II § 207 · 114 Stat. 1762

   1. Added · 16 U.S.C. § 3709

      Pub. L. 106–408 added text of section

   2. Struck · 16 U.S.C. § 3709

      Pub. L. 106–408 struck out former text which read as follows:

   Source evidence

   Code amendment note
   Pub. L. 106–408 added text of section and struck out former text which read as follows:

   “(a) Authorization.—There are authorized to be appropriated to the Department of the Interior $25,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998. “(b) Use of Amounts Appropriated.—(1) Subject to paragraph (2), amounts appropriated under this section shall be made available to the Foundation for use for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. “(2) No Federal funds authorized under this section shall be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. “(c) Additional Authorization.—The amounts authorized to be appropriated under this section are in addition to any amounts provided or available to the Foundation under any other Federal law.”

   Enacted provision · exact public law section
   SEC. 207. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended by striking subsections (a), (b), and (c) and inserting the following: “(a) Authorization of Appropriations.— “(1) In general.— There are authorized to be appropriated to carry out this Act for each of fiscal years 2001 through 2003— “(A) $20,000,000 to the Department of the Interior; and “(B) $5,000,000 to the Department of Commerce. “(2) Requirement of advance payment.— The amount made available for a fiscal year under paragraph (1) shall be provided to the Foundation in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of the fiscal year. “(3) Use of appropriated funds.— Subject to paragraph (4), amounts made available under paragraph (1) shall be provided to the Foundation for use for matching, on a 1-to-l basis, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. “(4) Prohibition on use for administrative expenses.— No Federal funds made available under paragraph (1) shall be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. “(b) Additional Authorization.— “(1) In general.— In addition to the amounts authorized to be appropriated under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with the requirements of this Act. “(2) Use of funds accepted from federal agencies.— Federal funds provided to the Foundation under paragraph (1) shall be used by the Foundation for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. “(c) Prohibition on Use of Grant Amounts for Litigation and Lobbying Expenses.— Amounts provided as a grant by the Foundation shall not be used for— “(1) any expense related to litigation; or “(2) any activity the purpose of which is to influence legislation pending before Congress”.

8. 2002

   Asian Elephant Conservation Reauthorization Act of 2002

   Pub. L. 107–141 § 6(1) · 116 Stat. 13

   Substituted · 16 U.S.C. § 3709(a)(1)

   Pub. L. 107–141, § 6(1), substituted “2005” for “2003”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 107–141, § 6(1), substituted “2005” for “2003”.

   Enacted provision · exact public law section
   (1) by striking “2003” and inserting “2005”; and

9. 2002

   Asian Elephant Conservation Reauthorization Act of 2002

   Pub. L. 107–141 § 6(2) · 116 Stat. 13

   Substituted · 16 U.S.C. § 3709(a)(1)(A)

   Pub. L. 107–141, § 6(2), substituted “$25,000,000” for “$20,000,000”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 107–141, § 6(2), substituted “$25,000,000” for “$20,000,000”.

   Enacted provision · exact public law section
   (2) in subparagraph (A), by striking “$20,000,000” and inserting “$25,000,000”.

10. 2006

    National Fish and Wildlife Foundation Reauthorization Act of 2006

    Pub. L. 109–363 § 202 · 120 Stat. 2074

    Substituted · 16 U.S.C. § 3709(a)(1)

    Pub. L. 109–363, § 202, substituted “fiscal years 2006 through 2010” for “fiscal years 2001 through 2005”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–363, § 202, substituted “fiscal years 2006 through 2010” for “fiscal years 2001 through 2005”.

    Enacted provision · exact public law section
    SEC. 202. AUTHORIZATION OF APPROPRIATIONS.   Section 10(a)(1) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709(a)(1)) is amended by striking “fiscal years 2001 through 2005” and inserting “fiscal years 2006 through 2010”.

11. 2006

    National Fish and Wildlife Foundation Reauthorization Act of 2006

    Pub. L. 109–363 § 204 · 120 Stat. 2074

    Inserted · 16 U.S.C. § 3709(a)(3)

    Pub. L. 109–363, § 204, inserted “, or to a recipient of a grant provided by the Foundation,” after “made to the Foundation”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–363, § 204, inserted “, or to a recipient of a grant provided by the Foundation,” after “made to the Foundation”.

    Enacted provision · exact public law section
    SEC. 204. CLARIFICATION OF AUTHORITY TO USE FEDERAL FUNDS TO MATCH CONTRIBUTIONS MADE TO RECIPIENTS OF NATIONAL FISH AND WILDLIFE FOUNDATION GRANTS.   Section 10(a)(3) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709(a)(3)) is amended by inserting “, or to a recipient of a grant provided by the Foundation,” after “made to the Foundation”.

12. 2020

    America’s Conservation Enhancement Act

    Pub. L. 116–188 § 107(c)(1) · 134 Stat. 905

    1. Added · 16 U.S.C. § 3709(a)(1)

       Pub. L. 116–188, § 107(c)(1), added par. (1)

    2. Struck · 16 U.S.C. § 3709(a)(1)

       Pub. L. 116–188, § 107(c)(1), struck out former par. (1) which related to authorization of appropriations for fiscal years 2006 through 2010

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 116–188, § 107(c)(1), added par. (1) and struck out former par. (1) which related to authorization of appropriations for fiscal years 2006 through 2010.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking paragraph (1) and inserting the following: “(1) In general.— There are authorized to be appropriated to carry out this Act for each of fiscal years 2021 through 2025— “(A) $15,000,000 to the Secretary of the Interior; “(B) $5,000,000 to the Secretary of Agriculture; and “(C) $5,000,000 to the Secretary of Commerce.” ;

13. 2020

    America’s Conservation Enhancement Act

    Pub. L. 116–188 § 107(c)(2)(A) · 134 Stat. 905

    1. Added · 16 U.S.C. § 3709(b)(1)

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

    2. Struck · 16 U.S.C. § 3709(b)(1)

       Pub. L. 116–188, § 107(c)(2)(A), struck out former par. (1). Prior to amendment, text read as follows: “In addition to the amounts authorized to be appropriated under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with the requirements of this chapter.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–188, § 107(c)(2)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “In addition to the amounts authorized to be appropriated under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with the requirements of this chapter.”

    Enacted provision · exact public law section
    (A) by striking paragraph (1) and inserting the following: “(1) Amounts from federal agencies.— “(A) In general.— In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities are authorized to provide funds to the Foundation through Federal financial assistance grants and cooperative agreements, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. “(B) Advances.— Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. “(C) Management fees.— The Foundation may assess and collect fees for the management of amounts received under this paragraph.” ;

14. 2020

    America’s Conservation Enhancement Act

    Pub. L. 116–188 § 107(c)(2)(B) · 134 Stat. 905

    1. Substituted · 16 U.S.C. § 3709(b)(2)

       Pub. L. 116–188, § 107(c)(2)(B), substituted, in heading, “amounts” for “funds”

    2. Substituted · 16 U.S.C. § 3709(b)(2)

       Pub. L. 116–188, § 107(c)(2)(B), substituted, in heading, “may be used” for “shall be used”

    3. Substituted · 16 U.S.C. § 3709(b)(2)

       Pub. L. 116–188, § 107(c)(2)(B), substituted, in heading, “, State and local government agencies, and other entities” for “and State and local government agencies”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 116–188, § 107(c)(2)(B), substituted, in heading, “amounts” for “funds” and, in text, “may be used” for “shall be used” and “, State and local government agencies, and other entities” for “and State and local government agencies”.

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) in the paragraph heading, by striking “funds” and inserting “amounts”; (ii) by striking “shall be used” and inserting “may be used”; and (iii) by striking “and State and local government agencies” and inserting “, State and local government agencies, and other entities”; and

15. 2020

    America’s Conservation Enhancement Act

    Pub. L. 116–188 § 107(c)(2)(C) · 134 Stat. 905

    Added · 16 U.S.C. § 3709(b)(3)

    Pub. L. 116–188, § 107(c)(2)(C), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 116–188, § 107(c)(2)(C), added par. (3).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(3) Administration of amounts.— “(A) In general.— In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process applicable to the department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is— “(i) to address an environmental emergency resulting from a natural or other disaster; or “(ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. “(B) Reports.— The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.” ; and

16. 2020

    America’s Conservation Enhancement Act

    Pub. L. 116–188 § 107(c)(3) · 134 Stat. 905

    Added · 16 U.S.C. § 3709(d)

    Pub. L. 116–188, § 107(c)(3), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–188, § 107(c)(3), added subsec. (d).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(d) Use of Gifts, Devises, or Bequests of Money or Other Property.— Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.” .

17. 2024

    Pub. L. 118–198 § 106(1) · 138 Stat. 2680

    Substituted · 16 U.S.C. § 3709(a)(1)

    Pub. L. 118–198, § 106(1), substituted “2030” for “2025” in introductory provisions

    Unresolved: Pub. L. 118–198 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 118–198, § 106(1), substituted “2030” for “2025” in introductory provisions.

18. 2024

    Pub. L. 118–198 § 106(2)(A) · 138 Stat. 2680

    Substituted · 16 U.S.C. § 3709(b)(1)(A)

    Pub. L. 118–198, § 106(2)(A), substituted “, cooperative agreements, participating agreements, and similar instruments used for providing partnership funds,” for “and cooperative agreements,”

    Unresolved: Pub. L. 118–198 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 118–198, § 106(2)(A), substituted “, cooperative agreements, participating agreements, and similar instruments used for providing partnership funds,” for “and cooperative agreements,”.

19. 2024

    Pub. L. 118–198 § 106(2)(C) · 138 Stat. 2680

    Redesignated · 16 U.S.C. § 3709(b)(1)(B)

    Pub. L. 118–198, § 106(2)(C), added subpar. (B). Former subpar. (B) redesignated (C)

    Unresolved: Pub. L. 118–198 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 118–198, § 106(2)(C), added subpar. (B). Former subpar. (B) redesignated (C).

20. 2024

    Pub. L. 118–198 § 106(2)(D) · 138 Stat. 2680

    Inserted · 16 U.S.C. § 3709(b)(1)(C)

    Pub. L. 118–198, § 106(2)(D), inserted “, and should when possible,” after “may”

    Unresolved: Pub. L. 118–198 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 118–198, § 106(2)(D), inserted “, and should when possible,” after “may”.

21. 2024

    Pub. L. 118–198 § 106(2)(B) · 138 Stat. 2680

    Redesignated · 16 U.S.C. § 3709(b)(1)(C)

    Pub. L. 118–198, § 106(2)(B), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D)

    Unresolved: Pub. L. 118–198 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–198, § 106(2)(B), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).

22. 2024

    Pub. L. 118–198 § 106(2)(B) · 138 Stat. 2680

    Redesignated · 16 U.S.C. § 3709(b)(1)(D)

    Pub. L. 118–198, § 106(2)(B), redesignated subpar. (C) as (D)

    Unresolved: Pub. L. 118–198 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 118–198, § 106(2)(B), redesignated subpar. (C) as (D).

21 of 27 references resolved to an enrolled provision · 6 unresolved