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United States Code (Last Updated: May 24, 2014) |
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Title 16. CONSERVATION |
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Chapter 57. NATIONAL FISH AND WILDLIFE FOUNDATION |
§ 3702. Board of Directors of Foundation
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(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. (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.
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 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
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 Amendment
Pub. L. 103–232, title I, § 103(a)(2),
Miscellaneous
Pub. L. 103–232, title I, § 103(c),
Pub. L. 103–232, title I, § 103(d),
Pub. L. 103–232, title I, § 103(e),