106 STAT. 4700 PUBLIC LAW 102-575—OCT. 30, 1992 TITLE XXXn--SOUTH DAKOTA PRESERVATION AND RESTORATION TRUST Subpart A—Biological Diversity Trust SEC. 3201. SOUTH DAKOTA BIOLOGICAL DIVERSITY TRUST. (a) The Secretary, subject to the provisions of subsection (d) of this section, shall make an annual Federal contribution to a South Dakota Biological Diversity Trust established in accordance with subsection (b) of this section and operated in accordance with subsection (c) of this section. Contributions from the State of South Dakota may be paid to the Trust in such amounts and in such manner as may be agreed upon by the Governor and the Secretary. The total Federal contribution pursuant to this section, including subsection (d), shall not exceed $12,000,000. (b) A South Dakota Biological Diversity Trust shall be eligible to receive Federal contributions pursuant to subsection (a) of this section if it complies with each of the following requirements: (1) The Trust is established by non-Federal interests as a nonprofit corporation under the laws of South Dakota with its prindpal office in South Dakota. (2) The Trust is under the direction of a Board of Trustees which has the power to manage all affairs of the corporation, including administration, data collection, and implementation of the purposes of the Trust. (3) The Board is comprised of five persons appointed as follows, each for a term offiveyears: (A) 1 person appointed by the Governor of South Dakota; (B) 1 person appointed by each United States Senator from South Dakota; (C) 1 person appointed by the United States Representative from South Dakota; and (D) 1 person appointed by the South Dakota Academy of Science. (4) Vacancies on the Board are filled in the manner in which the original appointments were made. Any member of the Board is eligible for reappointment for successive terms. Any member appointed to fili a vacancy occurring before the expiration of the term for which his or her predecessor was appointed is appointed only for the remainder of such term. A member may serve after the expiration of his or her term until his or her successor has taken office. Members of the Board shall serve without compensation. (5) The corporate purposes of the Trust are to select and provide funding for projects that protect or restore the best examples of South Dakota's biological diversity, its rare species, exemplary examples of plant and animal communities and large-scale natural ecosystems. (c) A South Dakota Biological Diversity Trust established by non-Federal interests as provided in subsection (b) shall be deemed to be operating in accordance with this subsection if, in the opinion of the Secreta^, each of the foUoMong requirements are met: (1) the Trust is operated to select and provide funding for projects that protect or restore the best examples of South Dakota's biological diversity; its rare species, extraordinary examples of plant and animal communities and large-scale
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