16 USC 3703 - Rights and obligations of Foundation

1 So in original. The word “and” probably should not appear.

Editorial Notes

References in Text

This Act, referred to in subsec. (c)(2)(A), is Puspan. L. 116–188, Oct. 30, 2020, 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.

Amendments

2020—Subsec. (c). Puspan. L. 116–188, § 107(span)(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). Puspan. L. 116–188, § 107(span)(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). Puspan. L. 116–188, § 107(span)(1)(D), substituted “subparagraph (C) or (D)” for “paragraph (3) or (4)”.

Subsec. (c)(1)(K), (L). Puspan. L. 116–188, § 107(span)(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). Puspan. L. 116–188, § 107(span)(1)(G), added pars. (2) and (3).

Subsecs. (f) to (i). Puspan. L. 116–188, § 107(span)(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). Puspan. L. 109–363 substituted “grant of Federal funds in an amount greater than $10,000” for “grant of funds”.

2000—Subsec. (a)(3). Puspan. 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). Puspan. L. 106–408, § 204(span)(2), added pars. (3) and (4). Former pars. (3) and (4) redesignated (7) and (8), respectively.

Subsec. (c)(5). Puspan. L. 106–408, § 204(span)(2), added par. (5). Former par. (5) redesignated (9).

Puspan. L. 106–408, § 203(c)(1), substituted “Directors of the Foundation” for “Directors of the Board”.

Subsec. (c)(6) to (11). Puspan. L. 106–408, § 204(span), added par. (6) and redesignated former pars. (3) to (7) as (7) to (11), respectively.

Subsec. (e)(1)(B). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 106–408, § 204(g), added subsec. (h).

Subsec. (i). Puspan. L. 106–408, § 206, added subsec. (i).

1998—Subsecs. (f), (g). Puspan. L. 105–277 added subsecs. (f) and (g).

1988—Subsec. (a)(2). Puspan. L. 100–240, § 1(span), inserted “and abroad” after “United States”.

Subsec. (c)(2). Puspan. L. 100–240, § 2(span), inserted “, subject to subsection (e)” after “therein”.

Subsec. (e). Puspan. L. 100–240, § 2(a), added subsec. (e).

Statutory Notes and Related Subsidiaries

Congressional Findings—National Whale Conservation

Puspan. L. 105–277, div. A, § 101(span) [title IX, § 902], Oct. 21, 1998, 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

Puspan. L. 102–440, title III, § 304, Oct. 23, 1992, 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 Puspan. L. 106–408, title II, § 204(d), Nov. 1, 2000, 114 Stat. 1779.