United States Code

USC most recently checked for updates: Jun 26, 2019

§ 3702.
Board of Directors of Foundation
(a)
Establishment and membership
(1)
In general

The Foundation shall have a governing Board of Directors (referred to in this chapter as the “Board”), which shall consist of 30 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.

(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 November 1, 2000, 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.

(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 chapter; and
(C)
undertaking of other such acts as may be necessary to carry out the provisions of this chapter.
(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 governing appointments in the competitive service, and may be 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.
(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.
(Pub. L. 98–244, § 3, Mar. 26, 1984, 98 Stat. 107; Pub. L. 101–593, title I, § 110(b), Nov. 16, 1990, 104 Stat. 2959; Pub. L. 103–232, title I, § 103(a)(1), (b), Apr. 11, 1994, 108 Stat. 336; Pub. L. 106–408, title II, § 203(a), (b), Nov. 1, 2000, 114 Stat. 1777, 1778; Pub. L. 110–281, § 2, July 21, 2008, 122 Stat. 2617.)
cite as: 16 USC 3702