16 USC 583j-4 – Forest Foundation Volunteers

Page 1059

(3) shall have its principal offices in the
Washington, D.C. metropolitan area; and
(4) shall at all times maintain a designated
agent in the District of Columbia authorized
to accept service of process for the Foundation.
(b) Notice and service of process
The serving of notice to, or service of process
upon, the agent required under this paragraph,1
or mailed to the business address of such agent,
shall be deemed as service upon or notice to the
Foundation.
(c) Seal
The Foundation shall have an official seal selected by the Board which shall be judicially noticed.
(d) Powers
To carry out its purposes, the Foundation
shall have, in addition to powers otherwise authorized under this subchapter, the usual powers
of a corporation in the District of Columbia, including the power to—
(1) accept, receive, solicit, hold, administer
and use any gift, devise, or bequest, either absolutely or in trust, or real or personal property or any income therefrom or other interest
therein;
(2) acquire by donation, gift, devise, purchase or exchange any real or personal property or interest therein;
(3) unless otherwise required by the instrument of transfer, sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom;
(4) borrow money and issue bonds, debentures, or other debt instruments;
(5) 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) enter into contracts or other arrangements with public agencies, private organizations, and persons and to make such payments
as may be necessary to carry out the purposes
thereof; and
(7) do any and all acts necessary and proper
to carry out the purposes of the Foundation.
(e) Property
(1) The Foundation may acquire, hold and dispose of lands, waters, or other interests in real
property by donation, gift, devise, purchase or
exchange. For the purposes of this subchapter,
an interest in real property shall include, but
not be limited to, mineral and water rights,
rights of way, and easements appurtenant or in
gross. 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 Foundation.
(2) No lands or waters, or interests therein,
that are owned by the Foundation and are determined by the Chief of the United States Forest
Service to be valuable for purposes established
1 So

§ 583j–4

TITLE 16—CONSERVATION

in original. Probably should be ‘‘this section,’’.

in this subchapter shall be subject to condemnation by any State or political subdivision, or
any agent or instrumentality thereof.
(3) The Foundation and any income or property received or owned by it, and all transactions relating to such income or property,
shall be exempt from all Federal, State, and
local taxation with respect thereto.
(4) Contributions, gifts, and other transfers
made to or for the use of the Foundation shall
be treated as contributions, gifts, or transfers to
an organization exempt from taxation under
section 501(c)(3) of title 26.
(Pub. L. 101–593, title IV, § 404, Nov. 16, 1990, 104
Stat. 2971.)
§ 583j–3. Administrative services and support
(a) Startup funds
For purposes of assisting the Foundation in establishing an office and meeting initial administrative, project, and other startup expenses, the
Secretary is authorized to provide to the Foundation $500,000, from funds appropriated pursuant to section 583j–8(a) of this title, per year for
the two years beginning October 1, 1992. Such
funds shall remain available to the Foundation
until they are expended for authorized purposes.
(b) Matching funds
In addition to the startup funds provided
under subsection (a) of this section, for a period
of five years beginning October 1, 1992, the Secretary is authorized to provide matching funds
for administrative and project expenses incurred
by the Foundation as authorized by section
583j–8(b) of this title including reimbursement of
expenses under section 583j–1 of this title, not to
exceed then current Federal Government per
diem rates.
(c) Administrative expenses
At any time, the Secretary may provide the
Foundation use of Department of Agriculture
personnel, facilities, and equipment, with partial or no reimbursement, with such limitations
and on such terms and conditions as the Secretary shall establish.
(Pub. L. 101–593, title IV, § 405, Nov. 16, 1990, 104
Stat. 2972; Pub. L. 103–106, § 3(a), Oct. 12, 1993, 107
Stat. 1031.)
AMENDMENTS
1993—Subsec. (a). Pub. L. 103–106, § 3(a)(1), inserted
‘‘, project,’’ after ‘‘administrative’’ and substituted
‘‘beginning October 1, 1992’’ for ‘‘following November 16,
1990’’.
Subsec. (b). Pub. L. 103–106, § 3(a)(2), substituted ‘‘beginning October 1, 1992’’ for ‘‘from November 16, 1990’’
and inserted ‘‘and project’’ after ‘‘administrative’’.
PURPOSE OF PUB. L. 103–106
Pub. L. 103–106, § 2, Oct. 12, 1993, 107 Stat. 1031, provided that: ‘‘It is the purpose of this Act [see Short
Title of 1993 Amendment note set out under section 583j
of this title]—
‘‘(1) to provide for start-up and matching funds for
project expenses to carry out the National Forest
Foundation Act [16 U.S.C. 583j et seq.]; and
‘‘(2) to extend the funding authorization for startup expenses for 1 year.’’

§ 583j–4. Volunteers
The Secretary may accept, without regard to
the civil service classification laws, rules and

§ 583j–5

TITLE 16—CONSERVATION

regulations, any director, officer, employee or
agent of the Foundation as a volunteer for purposes of the Volunteers in the National Forests
Act of 1972 (16 U.S.C. 558a through 558d; 86 Stat.
147).
(Pub. L. 101–593, title IV, § 406, Nov. 16, 1990, 104
Stat. 2973.)
REFERENCES IN TEXT
The Volunteers in the National Forests Act of 1972,
referred to in text, is Pub. L. 92–300, May 18, 1972, 86
Stat. 147, as amended, which is classified generally to
section 558a et seq. of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 558a of this title and Tables.

§ 583j–5. Audits and report requirements
(a) Audits
For purposes of section 10101 of title 36 the
Foundation shall be treated as a corporation in
part B of subtitle II of title 36.
(b) Annual reports
The Foundation shall,1 transmit each year to
Congress a report of its proceedings and activities of the previous year, including a full and
complete statement of its receipts, expenditures, and investments.
(Pub. L. 101–593, title IV, § 407, Nov. 16, 1990, 104
Stat. 2973.)
CODIFICATION
In subsec. (a), ‘‘section 10101 of title 36’’ substituted
for ‘‘the Act entitled ‘An Act for audit of accounts of
private corporations established under Federal law,’
approved August 30, 1964 (36 U.S.C. 1101 through 1103;
Public Law 88–504)’’ and ‘‘a corporation in part B of
subtitle II of title 36’’ substituted for ‘‘a private corporation established under Federal law’’ on authority
of Pub. L. 105–225, § 5(b), Aug. 12, 1998, 112 Stat. 1499, the
first section of which enacted Title 36, Patriotic and
National Observances, Ceremonies, and Organizations.

§ 583j–6. 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 obligations of the
Foundation.
(Pub. L. 101–593, title IV, § 408, Nov. 16, 1990, 104
Stat. 2973.)
§ 583j–7. Activities of Foundation and United
States Forest Service

Page 1060

tional Environmental Centers set out under section
668dd of this title and provisions set out in notes under
section 3701 of this title and section 4321 of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Tables.

§ 583j–8. Authorization of appropriations
(a) Startup funds
For the purposes of section 583j–3 of this title,
there are authorized to be appropriated
$1,000,000.
(b) Matching funds
For the purposes of section 583j–3 of this title,
during the five-year period beginning October 1,
1992, there are authorized to be appropriated
$1,000,000 annually to the Secretary of Agriculture to be made available to the Foundation
to match, on a one-for-one basis, private contributions made to the Foundation.
(Pub. L. 101–593, title IV, § 410, Nov. 16, 1990, 104
Stat. 2973; Pub. L. 103–106, § 3(b), Oct. 12, 1993, 107
Stat. 1032.)
AMENDMENTS
1993—Subsec. (b). Pub. L. 103–106 substituted ‘‘beginning October 1, 1992’’ for ‘‘following November 16, 1990’’.

§ 583j–9. Federal funds
On and after November 5, 2001, the National
Forest Foundation may hold Federal funds made
available but not immediately disbursed and
may use any interest or other investment income earned (before, on, or after November 5,
2001) on Federal funds to carry out the purposes
of Public Law 101–593: Provided further, That
such investments may be made only in interestbearing obligations of the United States or in
obligations guaranteed as to both principal and
interest by the United States.
(Pub. L. 107–63, title II, Nov. 5, 2001, 115 Stat.
450.)
REFERENCES IN TEXT
Public Law 101–593, referred to in text, is Pub. L.
101–593, Nov. 16, 1990, 104 Stat. 2954, which enacted this
subchapter, chapter 32A of this title, and section 777e–1
of this title, amended sections 2910, 3702, 3709, 4403, and
4404 of this title, and enacted provisions listed in a
table of National Wildlife Refuges set out under section
668dd of this title and provisions set out in notes under
section 3701 of this title and section 4321 of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Tables.
CODIFICATION

The activities of the Foundation authorized
under the provisions of this Act shall be supplemental to and shall not preempt any authority
or responsibility of the United States Forest
Service under any other provision of law.

Section was enacted as part of the Department of the
Interior and Related Agencies Appropriations Act, 2002,
and not as part of the National Forest Foundation Act
which comprises this subchapter.

(Pub. L. 101–593, title IV, § 409, Nov. 16, 1990, 104
Stat. 2973.)

Provisions similar to this section were contained in
the following prior appropriation acts:
Pub. L. 106–291, title II, Oct. 11, 2000, 114 Stat. 972.
Pub. L. 106–113, div. B, § 1000(a)(3) [title II], Nov. 29,
1999, 113 Stat. 1535, 1501A–176.
Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21, 1998,
112 Stat. 2681–231, 2681–273.
Pub. L. 105–83, title II, Nov. 14, 1997, 111 Stat. 1577.

REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 101–593, Nov.
16, 1990, 104 Stat. 2954, which enacted this subchapter,
chapter 32A of this title, and section 777e–1 of this title,
amended sections 2910, 3702, 3709, 4403, and 4404 of this
title, and enacted provisions listed in a table of Na1 So

in original. The comma probably should not appear.

PRIOR PROVISIONS

AUTHORIZED INVESTMENTS
Provisions similar to the proviso in this section were
contained in the Department of the Interior, Environ-