16 U.S.C. § 3702 : US Code - Section 3702: Board of Directors of Foundation

Search 16 U.S.C. § 3702 : US Code - Section 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 25 Directors appointed in accordance with subsection (b) of
this section, 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.