[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 101 Introduced in House (IH)]







                                    


105th CONGRESS
  1st Session
                                H. R. 101

To amend the National Forest Foundation Act to extend and increase the 
matching funds authorization for the Foundation, to provide additional 
   administrative support to the Foundation, to authorize the use of 
 investment income, and to permit the Foundation to license the use of 
  trademarks, tradenames, and other such devices to advertise that a 
person is an official sponsor or supporter of the Forest Service or the 
                        National Forest System.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

  Mr. Baker introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To amend the National Forest Foundation Act to extend and increase the 
matching funds authorization for the Foundation, to provide additional 
   administrative support to the Foundation, to authorize the use of 
 investment income, and to permit the Foundation to license the use of 
  trademarks, tradenames, and other such devices to advertise that a 
person is an official sponsor or supporter of the Forest Service or the 
                        National Forest System.

    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 Forest Foundation 
Conservation Act''.

SEC. 2. AMENDMENTS TO NATIONAL FOREST FOUNDATION ACT.

    (a) Provision of Administrative Support.--Subsection (c) of section 
405 of the National Forest Foundation Act (16 U.S.C. 583j-3) is amended 
to read as follows:
    ``(c) Administrative Assistance.--(1) Subject to such limitations, 
terms, and conditions as the Secretary may establish, the Secretary 
may--
            ``(A) detail personnel of the Department of Agriculture to 
        assist the Foundation; and
            ``(B) provide the Foundation with Department of Agriculture 
        facilities, equipment, supplies, and other administrative 
        services (including Government-contracted transportation and 
        travel services).
    ``(2) Assistance under paragraph (1) may be provided for partial or 
no reimbursement, as the Secretary considers appropriate.''.
    (b) Matching Funds.--
            (1) Extension and expansion of authority; source of 
        funds.--Section 410 of the National Forest Foundation Act (16 
        U.S.C. 583j-8) is amended to read as follows:

``SEC. 410. AVAILABILITY OF FUNDS TO MATCH FOUNDATION CONTRIBUTIONS.

    ``For the purposes of section 405 of this title, during the five-
year period beginning on October 1, 1997, the Secretary may make 
available to the Foundation from benefiting Forest Service 
appropriations up to $5,000,000 each fiscal year to match, on a one-
for-one basis, private contributions made to the Foundation.''.
            (2) Conforming amendments.--Section 405 of the National 
        Forest Foundation Act (16 U.S.C. 583j-3) is amended--
                    (A) by striking subsection (a);
                    (B) in subsection (b)--
                            (i) by striking ``In addition to the 
                        startup funds provided under subsection (a) of 
                        this section, for'' and inserting ``For'';
                            (ii) by striking ``October 1, 1992,'' and 
                        inserting ``October 1, 1997,''; and
                            (iii) by striking ``section 410(b)'' and 
                        inserting ``section 410''; and
                    (C) by redesignating subsections (b) and (c) as 
                subsections (a) and (b), respectively.
            (3) Effect of amendments.--The amendments made by this 
        subsection shall not affect the availability or use of funds 
        made available for fiscal year 1997 under sections 405(b) and 
        410(b) of the National Forest Foundation Act, as in effect on 
        the day before the date of the enactment of this Act.
    (c) Use of Interest and Other Investment Income.--Section 404 of 
the National Forest Foundation Act (16 U.S.C. 583j-2) is amended by 
adding at the end the following new subsection:
    ``(f) Use of Interest and Other Investment Income.--Interest and 
other investment income earned (before, on, or after the date of the 
enactment of this subsection) by the Foundation and its subgrantees on 
Federal funds received from the Secretary under section 405, but not 
immediately disbursed, may be used by the Foundation to carry out the 
purposes of the Foundation under section 402(b).''.
    (d) Exception From Audit Reporting and Compliance Requirements.--
Section 407(a) of the National Forest Foundation Act (16 U.S.C. 583j-
5(a)) is amended by adding at the end the following new sentence: ``A 
subgrantee of the Foundation shall be exempt from the audit reporting 
and compliance requirements of Office of Management and Budget Circular 
A-133 (or any successor administrative regulation or policy) in the 
case of grants of $250,000 or less.''.
    (e) Licensing Use of Symbols; Violations.--Section 404 of the 
National Forest Foundation Act (16 U.S.C. 583j-2) is amended--
            (1) in subsection (d)(3), by inserting ``license,'' after 
        ``lease,''; and
            (2) by inserting after subsection (f), as added by 
        subsection (c) of this section, the following new subsections:
    ``(g) Licensing Use of Symbols.--(1) To further the purposes of the 
Foundation under section 402(b), the Foundation shall have exclusive 
authority to license or authorize persons to use trademarks, 
tradenames, signs, symbols, emblems, insignia, logos, likenesses, or 
slogans to represent, promote, or advertise that an individual, 
company, or particular good or service is an official sponsor or 
supporter of the Forest Service, the National Forest System, or any 
unit thereof. Any license or authorization provided by the Foundation 
under this paragraph shall be subject to the prior written approval of 
the Secretary, who may not delegate this authority.
    ``(2) All net income derived from licenses and authorizations 
provided under paragraph (1) shall be expended by the Foundation in 
accordance with policies and priorities of the Forest Service on 
programs, projects, or activities that benefit the National Forest 
System or the Forest Service, as identified by the Secretary in 
consultation with the Foundation.
    ``(3) Nothing in this subsection shall affect the authority of the 
Secretary under Public Law 93-318 (16 U.S.C. 580p et seq.) relating to 
the name and character of `Smokey Bear', and the name and character of 
`Woodsy Owl'.
    ``(4) The authority provided to the Foundation by paragraph (1) 
shall expire on September 30, 2003.
    ``(h) Violation of Licensing Requirements.--Except as provided in 
subsection (g), no person may use for commercial purposes any 
trademark, tradename, sign, symbol, emblem, insignia, slogan, or 
related artistic design belonging to the Forest Service. Whoever, 
without the authorization of the Foundation under subsection (g), uses 
for purposes of trade, to induce the sale of any good or service, to 
promote any commercial activity, or for other commercial purpose, the 
name of the Foundation or any trademark, tradename, sign, symbol, 
emblem, insignia, logo, likeness, or slogan referred to in subsection 
(g), or any facsimile or simulation thereof tending to cause confusion, 
to cause mistake, to deceive, or to suggest falsely that an individual, 
company, or particular good or service is an official sponsor or 
official supporter of the National Forest System or the Forest Service, 
shall be subject to suit in a civil action by the Foundation for the 
remedies provided in title VI of the Act of July 5, 1946 (commonly 
referred to as the Trademark Act of 1946; 15 U.S.C. 1114 et seq.).''.
    (f) Reporting Requirements.--Section 407 of the National Forest 
Foundation Act (16 U.S.C. 583j-5) is amended by adding at the end the 
following new subsection:
    ``(c) Report on Licensing Activities.--Not later than 5 years after 
the date of the enactment of this subsection, the Secretary shall 
submit to the Committee on Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate a 
report assessing the cost, effectiveness, and effects of the licensing 
and authorization program established pursuant to section 404(g). The 
report shall include a recommendation regarding the desirability of 
extending the authority provided in such section beyond the expiration 
date specified in paragraph (4) of such section and assessments of the 
effect of such program on--
            ``(1) visitation levels in the National Forest System;
            ``(2) the image of the National Forest System;
            ``(3) achievement of the needs and priorities of the Forest 
        Service;
            ``(4) appropriations for the National Forest System; and
            ``(5) the costs of the Foundation and the Secretary to 
        administer the program.''.
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