Cooperation with the National Fish and Wildlife Foundation (16 U.S.C. § 3701 et seq.)

Page 2175

eries, and salmon research, including the construction of salmon research and related facilities, there is authorized to be appropriated
for each of fiscal years 2000, 2001, 2002, and 1
2003, 2005, 2006, 2007, 2008, and 2009, $90,000,000 to
the States of Alaska, Washington, Oregon,
Idaho, Nevada, and California. Amounts appropriated pursuant to this subparagraph shall be
made available as direct payments. The State
of Alaska may allocate a portion of any funds
it receives under this subsection to eligible activities outside Alaska.
(B) For salmon habitat restoration, salmon
stock enhancement, salmon research, and supplementation activities, there is authorized to
be appropriated in each of fiscal years 2000,
2001, 2002, and 2003, $10,000,000 to be divided between the Pacific Coastal tribes (as defined by
the Secretary of Commerce) and the Columbia
River tribes (as defined by the Secretary of
Commerce).
(Pub. L. 99–5, § 16, formerly Pub. L. 106–113, div.
B, § 1000(a)(1) [title VI, § 623], Nov. 29, 1999, 113
Stat. 1535, 1501A–56; Pub. L. 106–553, § 1(a)(2)
[title VI, § 628], Dec. 21, 2000, 114 Stat. 2762,
2762A–108; Pub. L. 108–447, div. B, title II, Dec. 8,
2004, 118 Stat. 2881; renumbered Pub. L. 99–5, § 16,
and amended Pub. L. 109–479, title III, § 302(d),
Jan. 12, 2007, 120 Stat. 3623; Pub. L. 111–8, div. B,
title I, § 110, Mar. 11, 2009, 123 Stat. 569.)
REFERENCES IN TEXT
Public Law 93–205, referred to in subsec. (b)(1)(B)(iii),
(3), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as
amended, known as the Endangered Species Act of 1973,
which is classified generally to chapter 35 (§ 1531 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
1531 of this title and Tables.
CODIFICATION
Section is comprised of section 16 of Pub. L. 99–5. Section 16(c) of Pub. L. 99–5 amended section 3632 of this
title.
Pub. L. 109–479, § 302(d)(1), which directed that the
text of section 623 of title VI of H.R. 3421 (113 Stat.
1501A–56), as introduced on November 17, 1999, enacted
into law by section 1000(a)(1) of Pub. L. 106–113 and
amended by Pub. L. 106–533, 114 Stat. 2762A–108, be
transferred to and renumbered as section 16 of the Pacific Salmon Treaty Act, was executed by transferring
Pub. L. 106–113, div. B, § 1000(a)(1) [title VI, § 623], as
amended by Pub. L. 106–553, § 1(a)(2) [title VI, § 628], to
and renumbering it as section 16 of Pub. L. 99–5, which
is the Pacific Salmon Treaty Act of 1985, to reflect the
probable intent of Congress. See source credit above.
AMENDMENTS
2009—Subsec. (d)(2)(A). Pub. L. 111–8, which directed
amendment of ‘‘Section (d)(2)(A) of title 16 U.S.C. 3645’’
by inserting ‘‘Nevada,’’ after ‘‘Idaho,’’, was executed by
making the amendment to section 16 of Pub. L. 99–5,
which is classified to this section, to reflect the probable intent of Congress.
2007—Pub. L. 109–479, § 302(d)(1)(B)(ii), inserted section
catchline.
Subsec. (d)(2)(A). Pub. L. 109–479, § 302(d)(2), inserted
‘‘sustainable salmon fisheries,’’ after ‘‘enhancement,’’,
‘‘2005, 2006, 2007, 2008, and 2009,’’ after ‘‘2003,’’, and
‘‘Idaho,’’ after ‘‘Oregon,’’.
2004—Pub. L. 108–447, which directed the amendment
of section 628(2)(A) of the Departments of Commerce,
1 So

§ 3701

TITLE 16—CONSERVATION

in original. The word ‘‘and’’ probably should not appear.

Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2001, Pub. L. 106–553, by substituting ‘‘2005’’ for ‘‘2000, 2001, 2002, and 2003’’ and inserting
‘‘Idaho,’’ after ‘‘Oregon,’’, was not executed, because
this section was enacted by Pub. L. 106–113, and section
628 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 2001, was an amendatory provision. See 2007
Amendment note above and 2000 Amendment note
below.
2000—Subsec. (a)(1). Pub. L. 106–553, § 1(a)(2) [title VI,
§ 628(a)], which directed the amendment of par. (1) by
striking out ‘‘The Northern Fund and Southern Fund
shall each receive $10,000,000 of the amounts authorized
by this section.’’, was executed by striking out ‘‘The
Northern Fund and Southern Fund shall each receive
$10,000,000, of the amounts authorized by this section.’’
after the second sentence, to reflect the probable intent
of Congress.
Subsec. (d). Pub. L. 106–553, § 1(a)(2) [title VI, § 628(b)],
added subsec. (d) and struck out heading and text of
former subsec. (d). Text read as follows:
‘‘(1) For capitalizing the Northern Fund and the
Southern Fund, there is authorized to be appropriated in fiscal year 2000, $20,000,000.
‘‘(2) For salmon habitat restoration, salmon stock
enhancement, salmon research, and implementation
of the 1999 Pacific Salmon Treaty Agreement and related agreements, there is authorized to be appropriated in fiscal year 2000, $50,000,000 to the States of
California, Oregon, Washington, and Alaska. The
State of Alaska may allocate a portion of any funds
it receives under this subsection to eligible activities
outside Alaska.
‘‘(3) For salmon habitat restoration, salmon stock
enhancement, salmon research, and implementation
of the 1999 Pacific Salmon Treaty Agreement and related agreements, there is authorized to be appropriated $6,000,000 in fiscal year 2000 to the Pacific
Coastal tribes (as defined by the Secretary of Commerce) and $2,000,000 in fiscal year 2000 to the Columbia River tribes (as defined by the Secretary of Commerce).
Funds appropriated to the States under the authority
of this section shall be subject to a 25 percent non-Federal match requirement. In addition, not more than 3
percent of such funds shall be available for administrative expenses, with the exception of funds used in the
Washington State for the Forest and Fish Agreement.’’
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

CHAPTER 57—NATIONAL FISH AND
WILDLIFE FOUNDATION
Sec.

3701.
3702.
3703.
3704.
3705.
3706.
3707.
3708.
3709.
3710.

Establishment and purposes of Foundation.
Board of Directors of Foundation.
Rights and obligations of Foundation.
Administrative services and support.
Volunteer status.
Audits, report requirements, and petition of
Attorney General for equitable relief.
United States release from liability.
Reservation of right to amend or repeal chapter.
Authorization of appropriations.
Limitation on authority.

§ 3701. Establishment and purposes of Foundation
(a) Establishment
There is established the National Fish and
Wildlife Foundation (hereinafter in this chapter

§ 3702

TITLE 16—CONSERVATION

referred to as the ‘‘Foundation’’). The Foundation is a charitable and nonprofit corporation
and is not an agency or establishment of the
United States.
(b) Purposes
The purposes of the Foundation are—
(1) to encourage, accept, and administer private gifts of property for the benefit of, or in
connection with, the activities and services of
the United States Fish and Wildlife Service
and the National Oceanic and Atmospheric
Administration, to further the conservation
and management of fish, wildlife, plants, and
other natural resources;
(2) to undertake and conduct such other activities as will further the conservation and
management of the fish, wildlife, and plant resources of the United States, and its territories and possessions, for present and future
generations of Americans; and
(3) to participate with, and otherwise assist,
foreign governments, entities, and individuals
in undertaking and conducting activities that
will further the conservation and management
of the fish, wildlife, and plant resources of
other countries.
(Pub. L. 98–244, § 2, Mar. 26, 1984, 98 Stat. 107;
Pub. L. 100–240, § 1(a), Jan. 11, 1988, 101 Stat. 1785;
Pub. L. 103–232, title I, § 102, Apr. 11, 1994, 108
Stat. 336; Pub. L. 106–408, title II, § 202, Nov. 1,
2000, 114 Stat. 1777.)
AMENDMENTS
2000—Subsec. (b)(1). Pub. L. 106–408 added par. (1) and
struck out former par. (1) which read as follows: ‘‘to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the United States Fish and
Wildlife Service and the National Oceanic and Atmospheric Administration;’’.
1994—Subsec. (b)(1). Pub. L. 103–232 inserted before
semicolon at end ‘‘and the National Oceanic and Atmospheric Administration’’.
1988—Subsec. (b)(3). Pub. L. 100–240 added par. (3).
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–281, § 1, July 21, 2008, 122 Stat. 2617, provided that: ‘‘This Act [amending section 3702 of this
title] may be cited as the ‘National Fish and Wildlife
Foundation Establishment Act Amendment of 2008’.’’
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–363, title II, § 201, Oct. 17, 2006, 120 Stat.
2075, provided that: ‘‘This title [amending sections 3703
and 3709 of this title] may be cited as the ‘National
Fish and Wildlife Foundation Reauthorization Act of
2006’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–408, title II, § 201, Nov. 1, 2000, 114 Stat.
1777, provided that: ‘‘This title [enacting section 3710 of
this title, amending this section and sections 3702, 3703,
3705, 3706, and 3709 of this title, and repealing provisions
set out as a note under section 3703 of this title] may
be cited as the ‘National Fish and Wildlife Foundation
Establishment Act Amendments of 2000’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–277, div. A, § 101(b) [title IX, § 901], Oct. 21,
1998, 112 Stat. 2681–50, 2681–119, provided that: ‘‘This
title [amending section 3703 of this title and enacting
provisions set out as a note under section 3703 of this
title] may be cited as the ‘National Whale Conservation
Fund Act of 1998’.’’

Page 2176

SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–232, title I, § 101, Apr. 11, 1994, 108 Stat. 336,
provided that: ‘‘This title [amending this section and
sections 3702 and 3709 of this title and enacting provisions listed in a table of National Environmental Centers set out under section 668dd of this title and provisions set out as notes under section 3702 of this title]
may be cited as the ‘National Fish and Wildlife Foundation Improvement Act of 1994’.’’
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101–593, title I, § 110(a), Nov. 16, 1990, 104 Stat.
2959, provided that: ‘‘This section [amending sections
3702 and 3709 of this title] may be cited as the ‘National
Fish and Wildlife Foundation Establishment Act
Amendments of 1990’.’’
SHORT TITLE
Pub. L. 98–244, § 1, Mar. 26, 1984, 98 Stat. 107, provided
that: ‘‘This Act [enacting this chapter] may be cited as
the ‘National Fish and Wildlife Foundation Establishment Act’.’’

§ 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 this
section, 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.

Page 2177

§ 3702

TITLE 16—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) of this section.
(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.)
AMENDMENTS
2008—Subsec. (a)(1). Pub. 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 (b) of this section, each of whom shall be a United States citizen.’’
2000—Subsec. (a). Pub. 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

§ 3703

TITLE 16—CONSERVATION

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. (b). Pub. L. 106–408, § 203(b), added subsec. (b)
and struck out heading and text of former subsec. (b).
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). Pub. L. 103–232, § 103(b), substituted
‘‘15 Directors’’ for ‘‘nine Directors’’ in introductory
provisions and ‘‘4’’ for ‘‘three’’ in par. (2).
Subsec. (b). Pub. 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). Pub. 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’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. 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
Pub. 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 (b)(1) [amending this section], notwithstanding the second sentence of section 3(b) of the National
Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3702(b))—
‘‘(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
Pub. 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) [(b)]
[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
Pub. 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 (b)(1) [amending this section].’’

Page 2178

§ 3703. Rights and obligations of 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 and abroad;
(3) 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
(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 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—
(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,
subject to subsection (e) of this section;
(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;
(7) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest,
reinvest, retain or otherwise dispose of any
property or income therefrom;
(8) to borrow money and issue bonds, debentures, or other debt instruments;
(9) 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;

Page 2179

TITLE 16—CONSERVATION

(10) 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
(11) to do any and all acts necessary and
proper to carry out the purposes of the Foundation.
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.
(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.
(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 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.
(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

§ 3703

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 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.
(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) 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.
(f) Establishment of national whale conservation
endowment fund
(1) In carrying out the purposes under section
3701(b) of this title, the Foundation may establish a national whale conservation endowment
fund, to be used by the Foundation to support
research, management activities, or educational
programs that contribute to the protection, conservation, or recovery of whale populations in
waters of the United States.
(2)(A) In a manner consistent with subsection
(c)(1) of this section, the Foundation may—
(i) accept, receive, solicit, hold, administer,
and use any gift, devise, or bequest made to
the Foundation for the express purpose of supporting whale conservation; and
(ii) deposit in the endowment fund under
paragraph (1) any funds made available to the
Foundation under this subparagraph, including any income or interest earned from a gift,
devise, or bequest received by the Foundation
under this subparagraph.
(B) To raise funds to be deposited in the endowment fund under paragraph (1), the Foundation may enter into appropriate arrangements
to provide for the design, copyright, production,
marketing, or licensing, of logos, seals, decals,
stamps, or any other item that the Foundation
determines to be appropriate.
(C)(i) The Secretary of Commerce may transfer to the Foundation for deposit in the endowment fund under paragraph (1) any amount (or
portion thereof) received by the Secretary under
section 1375(a)(1) of this title as a civil penalty
assessed by the Secretary under that section.

§ 3703

TITLE 16—CONSERVATION

(ii) The Directors of the Board shall ensure
that any amounts transferred to the Foundation
under clause (i) for the endowment fund under
paragraph (1) are deposited in that fund in accordance with this subparagraph.
(3) It is the intent of Congress that in making
expenditures from the endowment fund under
paragraph (1) to carry out activities specified in
that paragraph, the Foundation should give priority to funding projects that address the conservation of populations of whales that the
Foundation determines—
(A) are the most endangered (including the
northern right whale (Eubaleana glacialis)); or
(B) most warrant, and are most likely to
benefit from, research management, or educational activities that may be funded with
amounts made available from the fund.
(g) Consultation
In carrying out any action on the part of the
Foundation under subsection (f) of this section,
the Directors of the Board shall consult with the
Administrator of the National Oceanic and Atmospheric Administration and the Marine Mammal Commission.
(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.
(i) 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.
(Pub. L. 98–244, § 4, Mar. 26, 1984, 98 Stat. 108;
Pub. L. 100–240, §§ 1(b), 2(a), (b)(1), Jan. 11, 1988,
101 Stat. 1785, 1786; Pub. L. 105–277, div. A, § 101(b)
[title IX, § 903], Oct. 21, 1998, 112 Stat. 2681–50,
2681–120; Pub. L. 106–408, title II, §§ 203(c)(1),
204(a)–(c), (e)–(g), 206, Nov. 1, 2000, 114 Stat. 1779,
1780; Pub. L. 109–363, title II, § 203, Oct. 17, 2006,
120 Stat. 2075.)
AMENDMENTS
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

Page 2180

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 fairmarket 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) of this section’’ after
‘‘therein’’.
Subsec. (e). Pub. L. 100–240, § 2(a), added subsec. (e).
CONGRESSIONAL FINDINGS—NATIONAL WHALE
CONSERVATION
Pub. L. 105–277, div. A, § 101(b) [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

Page 2181

§ 3706

TITLE 16—CONSERVATION

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, 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 Pub. L. 106–408, title II,
§ 204(d), Nov. 1, 2000, 114 Stat. 1779.

§ 3705. Volunteer status
The Secretary of the Interior or the Secretary
of Commerce may accept, without regard to the
civil service classification laws, rules, or regulations, the services of the Foundation, the Board,
and the officers and employees of the Board,
without compensation from the Department of
the Interior or the Department of Commerce, as
volunteers in the performance of the functions
authorized herein, in the manner provided for
under section 742f(c) of this title.
(Pub. L. 98–244, § 6, Mar. 26, 1984, 98 Stat. 109;
Pub. L. 106–408, title II, § 203(c)(2), Nov. 1, 2000,
114 Stat. 1779.)
AMENDMENTS
2000—Pub. L. 106–408 substituted ‘‘Secretary of the Interior or the Secretary of Commerce’’ for ‘‘Secretary’’
and inserted ‘‘or the Department of Commerce’’ after
‘‘Department of the Interior’’.

§ 3706. Audits, report requirements, and petition
of Attorney General for equitable relief

(a) Provision of services
The Secretary may provide personnel, facilities, and other administrative services to the
Foundation, including reimbursement of expenses under section 3702 of this title, not to exceed then current Federal Government per diem
rates, for a period of up to five years from March
26, 1984.
(b) Reimbursement
The Foundation may reimburse the Secretary
for any administrative service provided under
subsection (a) of this section. The Secretary
shall deposit any reimbursement received under
this subsection into the Treasury to the credit
of the appropriations then current and chargeable for the cost of providing such services.
Notwithstanding any other provision of this
section, the Secretary of the Interior is authorized to continue to provide facilities, and necessary support services for such facilities, to the
National Fish and Wildlife Foundation after
March 26, 1989, on a space available, reimbursable cost basis.

(a) Audits
For purposes of section 10101 of title 36, the
Foundation shall be treated as a Corporation in
part B of subtitle II of title 36.
(b) Report
The Foundation shall, as soon as practicable
after the end of each fiscal year, transmit to the
Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report of
its proceedings and activities during such year,
including a full and complete statement of its
receipts, expenditures, and investments; and a
description of all acquisition and disposal of real
property that is subject to section 3703(e) of this
title. The report shall include a detailed statement of the recipient, amount, and purpose of
each grant made by the Foundation in the fiscal
year.
(c) Relief with respect to certain Foundation acts
or failure to act
If the Foundation—
(1) engages in, or threatens to engage in, any
act, practice, or policy that is inconsistent
with its purposes set forth in section 3701(b) of
this title; or
(2) refuses, fails, or neglects to discharge its
obligations under this chapter, or threatens to
do so;

(Pub. L. 98–244, § 5, Mar. 26, 1984, 98 Stat. 109;
Pub. L. 100–240, § 3, Jan. 11, 1988, 101 Stat. 1786;
Pub. L. 100–653, title IX, § 903, Nov. 14, 1988, 102
Stat. 3834.)

the Attorney General of the United States may
petition in the United States District Court for
the District of Columbia for such equitable relief as may be necessary or appropriate.

AMENDMENTS

(Pub. L. 98–244, § 7, Mar. 26, 1984, 98 Stat. 110;
Pub. L. 100–240, § 2(b)(2), Jan. 11, 1988, 101 Stat.
1786; Pub. L. 106–408, title II, § 205, Nov. 1, 2000,
114 Stat. 1780.)

§ 3704. Administrative services and support

1988—Pub. L. 100–653 inserted provision at end authorizing Secretary of the Interior to continue to provide
facilities and necessary support services to National
Fish and Wildlife Foundation after Mar. 26, 1989, on
space available, reimbursable cost basis.
Pub. L. 100–240 designated existing provisions as subsec. (a), inserted heading, and struck out ‘‘, and may
accept reimbursement therefor, to be deposited in the
Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services’’ after ‘‘March 26, 1984’’, and added subsec. (b).

CODIFICATION
In subsec. (a), ‘‘section 10101 of title 36’’ substituted
for ‘‘the Act entitled ‘An Act for audit of accounts of
private corporations established under Federal law’,
approved August 30, 1964 (Public Law 88–504, 36 U.S.C.
1101–1103)’’ and ‘‘a corporation in part B of subtitle II of
title 36’’ substituted for ‘‘a private corporation estab-

§ 3707

TITLE 16—CONSERVATION

lished under Federal law’’ on authority of Pub. L.
105–225, § 5(b), Aug. 12, 1998, 112 Stat. 1499, the first section of which enacted Title 36, Patriotic and National
Observances, Ceremonies, and Organizations.
AMENDMENTS
2000—Subsec. (b). Pub. L. 106–408 substituted ‘‘the
Committee on Resources of the House of Representatives and the Committee on Environment and Public
Works of the Senate’’ for ‘‘Congress’’ and inserted at
end ‘‘The report shall include a detailed statement of
the recipient, amount, and purpose of each grant made
by the Foundation in the fiscal year.’’
1988—Subsec. (b). Pub. L. 100–240 inserted ‘‘; and a description of all acquisition and disposal of real property
that is subject to section 3703(e) of this title’’ before period at end.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which a report required
under subsec. (b) of this section is listed on page 203),
see section 3003 of Pub. L. 104–66, as amended, set out
as a note under section 1113 of Title 31, Money and Finance.

§ 3707. United States release from liability
The United States shall not be liable for any
debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the
United States extend to any obligation of the
Foundation.
(Pub. L. 98–244, § 8, Mar. 26, 1984, 98 Stat. 110.)
§ 3708. Reservation of right to amend or repeal
chapter

Page 2182

Foundation, or to a recipient of a grant provided by 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) of this section, 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.
(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.

§ 3709. Authorization of appropriations

(Pub. L. 98–244, § 10, Mar. 26, 1984, 98 Stat. 110;
Pub. L. 100–240, § 4, Jan. 11, 1988, 101 Stat. 1786;
Pub. L. 101–593, title I, § 110(c), Nov. 16, 1990, 104
Stat. 2960; Pub. L. 103–232, title I, § 104, Apr. 11,
1994, 108 Stat. 337; Pub. L. 106–408, title II, § 207,
Nov. 1, 2000, 114 Stat. 1781; Pub. L. 107–141, § 6,
Feb. 12, 2002, 116 Stat. 14; Pub. L. 109–363, title II,
§§ 202, 204, Oct. 17, 2006, 120 Stat. 2075.)

(a) Authorization of appropriations
(1) In general
There are authorized to be appropriated to
carry out this chapter for each of fiscal years
2006 through 2010—
(A) $25,000,000 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-1 basis, contributions (whether in currency, services, or property) made to the

2006—Subsec. (a)(1). Pub. L. 109–363, § 202, substituted
‘‘fiscal years 2006 through 2010’’ for ‘‘fiscal years 2001
through 2005’’.
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’’.
2002—Subsec. (a)(1). Pub. L. 107–141, § 6(1), substituted
‘‘2005’’ for ‘‘2003’’.
Subsec. (a)(1)(A). Pub. L. 107–141, § 6(2), substituted
‘‘$25,000,000’’ for ‘‘$20,000,000’’.
2000—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 ex-

The Congress expressly reserves the right to
repeal or amend this chapter at any time.
(Pub. L. 98–244, § 9, Mar. 26, 1984, 98 Stat. 110.)

AMENDMENTS

Page 2183

TITLE 16—CONSERVATION

penses 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.’’
1994—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’’.
Subsec. (b). Pub. L. 103–232, § 104(b), substituted
‘‘paragraph (2)’’ for ‘‘paragraphs (2) and (3)’’.
Subsec. (c). Pub. L. 103–232, § 104(a)(2), added subsec.
(c).
1990—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.’’
1988—Pub. L. 100–240 amended section generally. Prior
to amendment, section read as follows: ‘‘For the tenyear 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.’’

§ 3710. Limitation on authority
Nothing in this chapter authorizes the Foundation to perform any function the authority for
which is provided to the National Park Foundation by Public Law 90–209 (16 U.S.C. 19e et seq.).
(Pub. L. 98–244, § 11, as added Pub. L. 106–408,
title II, § 208, Nov. 1, 2000, 114 Stat. 1781.)
REFERENCES IN TEXT
Public Law 90–209, referred to in text, is Pub. L.
90–209, Dec. 18, 1967, 81 Stat. 656, as amended, popularly
known as the National Park Foundation Act, which is
classified generally to subchapter III (§ 19e et seq.) of
chapter 1 of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 19e of this title and Tables.

CHAPTER 57A—PARTNERSHIPS FOR
WILDLIFE
Sec.

3741.
3742.
3743.
3744.

Findings.
Purposes.
Definitions.
Wildlife partnership program.

§ 3741. Findings
The Congress finds the following:
(1) Three-fourths of all American children
and adults participate in wildlife-related recreational activities other than hunting, fishing and trapping.
(2) In 1985, Americans spent over $14 billion
on non-consumptive wildlife-related recreation.
(3) The United States and Canada are inhabited by approximately two thousand six hun-

§ 3741

dred vertebrate species of native fish and wildlife, which have provided food, clothing, and
other essentials to a rapidly expanding human
population.
(4) Over 80 percent of vertebrate fish and
wildlife species in North America are not harvested for human use.
(5) The continued well-being of this onceabundant fish and wildlife resource, and even
the very existence of many species, is in peril.
(6) In 1967, the United States Fish and Wildlife Service reported that forty-five common
migratory bird species, which are not hunted,
had exhibited significant declines in abundance, and that thirteen of these species have
experienced widespread, systematic declines of
46.9 percent during a twenty-year study period.
(7) There have been nationwide declines in
frogs and other amphibians.
(8) Over two hundred and seventy-five of vertebrate fish and wildlife species in the United
States are now officially classified as threatened or endangered by the Federal Government.
(9) During the past decade, fish and wildlife
species, including invertebrates, were added to
the rapidly growing list of threatened and endangered species in North America at the average rate of over one per month.
(10) Currently, eighty-two species of invertebrates in the United States are listed as
threatened or endangered under the Endangered Species Act [16 U.S.C. 1531 et seq.], and
another nine hundred and fifty-one United
States invertebrate species are candidates for
listing under that Act.
(11) Proper management of fish and wildlife,
before species become threatened or endangered with extinction, is the key to reversing
the increasingly desperate status of fish and
wildlife.
(12) Proper fish and wildlife conservation includes not only management of fish and wildlife species taken for recreation and protection of endangered and threatened species, but
also management of the vast majority of species which fall into neither category.
(13) Partnerships in fish and wildlife conservation, such as the Federal Aid in Wildlife
Restoration Program, the Federal Aid in Sport
Fish Restoration Program, and the North
American Wetlands Conservation Act [16
U.S.C. 4401 et seq.] have benefitted greatly the
conservation of fish and wildlife and their
habitats.
(14) A program that encourages partnerships
among Federal and State governments and
private entities to carry out wildlife conservation and appreciation projects would benefit
all species of fish and wildlife through such activities as management, research, and interagency coordination.
(15) Many States, which are experiencing declining revenues, are finding it increasingly
difficult to carry out projects to conserve the
entire array of diverse fish and wildlife species
and to provide opportunities for the public to
associate with, enjoy, and appreciate fish and
wildlife through nonconsumptive activities.
(Pub. L. 102–587, title VII, § 7102, Nov. 4, 1992, 106
Stat. 5094.)