An act to establish a National Fish and Wildlife Foundation.
PL 98-244 (H.R.2809), enacted 03/26/1984

PUBLIC LAW 98-244—MAR. 26, 1984 
98 STAT. 107 
Public Law 98-244 
98th Congress 
An Act 
To establish a National Fish and Wildlife Foundation. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "National Fish and Wildlife Founda-
tion Establishment Act". 
SEC. 2. ESTABLISHMENT AND PURPOSES OF FOUNDATION. 
(a) ESTABLISHMENT.—There is established the National Fish and 
Wildlife Foundation (hereinafter in this Act referred to as the 
"Foundation"). The Foundation is a charitable and nonprofit corpo-
ration 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 prop-
erty for the benefit of, or in connection with, the activities and 
services of the United States Fish and Wildlife Service; and 
(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. 
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. 
(a) ESTABLISHMENT AND MEMBERSHIP.—The Foundation shall have 
a governing Board of Directors (hereinafter referred to in this Act as 
the "Board"), which shall consist of nine 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) three 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 conser-
vation. 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. 
(b) APPOINTMENT AND TERMS.—By December 31, 1984, the Secre-
tary of the Interior (hereinafter referred to in this Act 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. 
Mar. 26, 1984 
[H.R. 2809] 
National Fish 
and Wildlife 
Foundation 
Establishment 
Act. 
16 use 3701 
note. 
16 use 3701. 
16 use 3702. 
'••vi'n^i 
98 STAT. 108 
PUBLIC LAW 98-244—MAR. 26, 1984 
(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 organiza-
tion 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 Act; and 
(C) undertaking of other such acts as may be necessary to 
carry out the provisions of this Act. 
(2) The following limitations apply with respect to the appoint-
ment 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, United States Code, 
governing appointments in the competitive service, and may be 
5 use 5101 
paid without regard to the provisions of chapter 51 and sub-
^^uic "issi 
chapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates, except that no individual so 
appointed may receive pay in excess of the annual rate of basic 
5 use 5332. 
pay in effect for grade GS-18 of the General Schedule. 
(B) The first officer or employee appointed by the Board shall 
be the Secretary of the Board who (i) shall serve, at the direc-
tion of the Board, as its chief operating officer, and (ii) shall be 
knowledgeable and experienced in matters relating to fish and 
wildlife conservation. 
16 use 3703. 
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. 
(a) IN GENERAL.—The Foundation— 
(1) shall have perpetual succession; 
(2) may conduct business throughout the several States, terri-
tories, and possessions of the United States; 
(3) shall have its principal offices in 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 2, the Foun-
dation shall have, in addition to the powers otherwise given it under 
this Act, the usual powers of a corporation acting as a trustee in the 
District of Columbia, including the power— 
PUBLIC LAW 98-244—MAR. 26, 1984 
98 STAT. 109 
(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; 
(3) unless otherwise required by the instrument of transfer, to 
sell, donate, lease, invest, reinvest, retain or otherwise dispose 
of any property or income therefrom; 
(4) to borrow money and issue bonds, debentures, or other 
debt instruments; 
(5) to sue and be sued, and complain and defend itself in any 
court of competent jurisdiction, except that the Directors of the 
Board shall not be personally liable, except for gross negligence; 
(6) 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 
(7) to do any and all acts necessary and proper to carry out 
the purposes of the Foundation. 
For purposes of this Act, an interest in real property shall be treated 
Gifts and 
as including, among other things, easements or other rights for 
property, 
preservation, conservation, protection, or enhancement by and for 
' ^ s 
the public of natural, scenic, historic, scientific, educational, inspira-
tional, 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 
Li 
Foundation. 
(d) CERTAIN LANDS, WATERS, AND INTERESTS NOT SUBJECT TO CON-
DEMNATION.—No lands or waters, or interests therein, that are 
owned by the Foundation and are determined by the Director of the 
J c 
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. 
SEC. 5. ADMINISTRATIVE SERVICES AND SUPPORT. 
16 USC 3704. 
The Secretary may provide personnel, facilities, and other admin-
istrative services to the Foundation, including reimbursement of 
expenses under section 3, not to exceed then current Federal Gov-
ernment per diem rates, for a period of up to five years from the 
date of enactment of this Act, and may accept reimbursement 
therefor, to be deposited in the Treasury to the credit of the appro-
priations then current and chargeable for the cost of providing such 
services. 
SEC. 6. VOLUNTEER STATUS. 
16 USC 3705. 
The Secretary may accept, without regard to the civil service 
classification laws, rules, or regulations, the services of the Founda-
tion, the Board, and the officers and employees of the Board, with-
out compensation from the Department of the Interior, as 
volunteers in the performance of the functions authorized herein, in 
the manner provided for under section 7(c) of the Fish and Wildlife 
Act of 1956 (16 U.S.C. 742f[c)). 
98 STAT. 110 
PUBLIC LAW 98-244—MAR. 26, 1984 
16 u s e 3706. 
SEC. 7. AUDITS, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY 
GENERAL FOR EQUITABLE RELIEF. 
(a) AUDITS.—For purposes of 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), 
the Foundation shall be treated as a private corporation established 
under Federal law. 
(b) REPORT.—The Foundation shall, as soon as practicable after 
the end of each fiscal year, transmit to Congress a report of its 
proceedings and activities during such year, including a full and 
complete statement of its receipts, expenditures, and investments. 
(c) RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR FAIL-
URE 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 
2(b); or 
(2) refuses, fails, or neglects to discharge its obligations under 
this Act, or threatens to do so; 
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. 
16 u s e 3707. 
SEC. 8. 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. 
16 u s e 3708. 
SEC. 9. AMENDMENT AND REPEAL. 
The Congress expressly reserves the right to repeal or amend this 
Act at any time. 
16 u s e 3709. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
For the ten-year 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 5. 
Approved March 26, 1984. 
LEGISLATIVE HISTORY—H.R. 2809: 
HOUSE REPORTS: No. 98-134, Pt. 1 (eomm. on Merchant Marine and Fisheries) and 
Ft. 2 (Comm. on Ways and Means). 
SENATE REPORT No. 98-272 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD: 
Vol. 129 (1983): July 12, considered and passed House. 
Nov. 2, considered and passed Senate, amended. 
Vol. 130 (1984): Feb. 6, House concurred in Senate amendments and in another 
with an amendment. 
Mar. 8, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 13: 
Mar. 26, Presidential statement.