16 USC 3702 - Board of Directors of Foundation

Editorial Notes

Amendments

2020—Subsec. (span)(2). Puspan. 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.

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

Subsec. (g)(2)(A). Puspan. 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.”

Subsec. (g)(2)(B). Puspan. 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.”

2008—Subsec. (a)(1). Puspan. 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 (span) of this section, each of whom shall be a United States citizen.”

2000—Subsec. (a). Puspan. 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.”

Subsec. (span). Puspan. L. 106–408, § 203(span), added subsec. (span) and struck out heading and text of former subsec. (span). Text read as follows: “By December 31, 1984, the Secretary of the Interior (hereinafter referred to in this chapter as the ‘Secretary’) shall appoint the Directors of the Board. The Directors shall be appointed for terms of six years; except that the Secretary, in making the initial appointments to the Board, shall appoint three Directors to a term of two years, three Directors to a term of four years, and three Directors to a term of six years. A vacancy on the Board shall be filled within sixty days of said vacancy in the manner in which the original appointment was made. No individual may serve more than two consecutive terms as a Director. The Secretary of the Interior shall consult with the Under Secretary of Commerce for Oceans and Atmosphere before appointing any Director of the Board.”

1994—Subsec. (a). Puspan. L. 103–232, § 103(span), substituted “15 Directors” for “nine Directors” in introductory provisions and “4” for “three” in par. (2).

Subsec. (span). Puspan. 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.”

1990—Subsec. (g)(2)(A). Puspan. 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Puspan. 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].”

Initial Terms of Six New Directors

Puspan. L. 103–232, title I, § 103(c), Apr. 11, 1994, 108 Stat. 336, provided that:

“Of the Directors on the Board of Directors of the National Fish and Wildlife Foundation first appointed pursuant to the amendment made by subsection (span)(1) [amending this section], notwithstanding the second sentence of section 3(span) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(span))—

“(1) 2 shall be appointed to a term of 2 years;

“(2) 2 shall be appointed to a term of 4 years; and

“(3) 2 shall be appointed to a term of 6 years;

as specified by the Secretary of the Interior at the time of appointment.”

Completion of Appointments

Puspan. L. 103–232, title I, § 103(d), Apr. 11, 1994, 108 Stat. 337, provided that: “The Secretary of the Interior shall appoint the additional members of the Board of Directors of the National Fish and Wildlife Foundation authorized by the amendment made by subsection (a) [(span)] [amending this section], by not later than 60 days after the date of the enactment of this Act [Apr. 11, 1994].”

Authority of Board Not Affected

Puspan. L. 103–232, title I, § 103(e), Apr. 11, 1994, 108 Stat. 337, provided that: “The authority of the Board of Directors of the National Fish and Wildlife Foundation to take any action otherwise authorized by law shall not be affected by reason of the Secretary of the Interior not having completed the appointment of Directors of the Board of Directors of the National Fish and Wildlife Foundation pursuant to the amendment made by subsection (span)(1) [amending this section].”