National Fish and Wildlife Foundation Establishment Act Amendments of 1990
Public Law 101–593, as amended
National Fish and Wildlife Foundation Establishment Act Amendments of 1990
593
115–334
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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National Fish and Wildlife Foundation Establishment Act Amendments of 1990
National Forest Foundation Act
11555
101
1990-11-16
National Fish and Wildlife Foundation Establishment Act Amendments of 1990
[(Public Law 101–593; Approved November 16, 1990)]
[As Amended Through P.L. 115–334, Enacted December 20, 2018]
[Currency: This publication is a compilation of the text of Public Law 101-593. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To direct the Secretary of the Interior to convey all interest of the United States in a fish hatchery to the State of South Carolina, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
* * * * * * *
TITLE IV—

FOREST FOUNDATION
SECTION 401.
[16 U.S.C. 583j note]

SHORT TITLE.
This title may be cited as the “National Forest Foundation Act”.
* * * * * * *
SEC. 404.
[16 U.S.C. 583j–2]

CORPORATE POWERS AND OBLIGATIONS.
(a)

In General.—
The Foundation—
(1)
shall have perpetual succession;
(2)
may conduct business throughout the several States, territories, and possessions of the United States and in foreign countries;
(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 notice or 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 by subsection (a)(4), 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 title, 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 title, 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 in this title 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 the Internal Revenue Code of 1986.
SEC. 405.
[16 U.S.C. 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 410(a), 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, during fiscal years 2016 through 2023, the Secretary is authorized to provide matching funds for administrative and project expenses incurred by the Foundation as authorized by section 410(b) of this title including reimbursement of expenses under section 403, 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.
SEC. 406.
[16 U.S.C. 583j–4]

VOLUNTEERS.
The Secretary may accept, without regard to the civil service classification laws, rules and 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).
SEC. 407.
[16 U.S.C. 583j–5]

AUDITS AND REPORT REQUIREMENTS.
(a)

Audits.—
For purposes of 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) the Foundation shall be treated as a private corporation established under Federal law.
(b)

Annual Reports.—
The Foundation shall 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.
SEC. 408.
[16 U.S.C. 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.
SEC. 409.
[16 U.S.C. 583j–7]

ACTIVITIES OF THE FOUNDATION AND UNITED STATES FOREST SERVICE.
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.
SEC. 410.
[16 U.S.C. 583j–8]

AUTHORIZATION OF APPROPRIATIONS.
(a)

Start-Up Funds.—
For the purposes of section 405 of this title, there are authorized to be appropriated $1,000,000.
(b)

Matching Funds.—
For the purposes of section 405 of this title,there are authorized to be appropriated $3,000,000 for each of fiscal years 2016 through 2023 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.