(Pub. L. 98–244, § 4,Mar. 26, 1984, 98 Stat. 108; Pub. L. 100–240, §§ 1(b),
(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),
(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.)
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 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 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). 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 Administration, has research and regulatory responsibility for the conservation of whales under the Marine Mammal Protection Act of 1972 (16
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
) have related research and management activities under the Marine Mammal Protection Act of 1972 or the Endangered Species Act of 1973 (16
“(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