Collapse to view only § 583j-6. United States release from liability
- § 583j. Establishment and purposes of Foundation
- § 583j-1. Board of Directors of Foundation
- § 583j-2. Corporate powers and obligations
- § 583j-3. Administrative services and support
- § 583j-4. Volunteers
- § 583j-5. Audits and report requirements
- § 583j-6. United States release from liability
- § 583j-7. Activities of Foundation and United States Forest Service
- § 583j-8. Authorization of appropriations
- § 583j-9. Federal funds
§ 583j. Establishment and purposes of Foundation
(a) Establishment
(b) PurposesThe purposes of the Foundation are to—
(1) encourage, accept, and administer private gifts of money, and of real and personal property for the benefit of, or in connection with, the activities and services of the Forest Service of the Department of Agriculture;
(2) undertake and conduct activities that further the purposes for which units of the National Forest System are established and are administered and that are consistent with approved forest plans; and
(3) undertake, conduct and encourage educational, technical and other assistance, and other activities that support the multiple use, research, cooperative forestry and other programs administered by the Forest Service.
(c) Limitation and conflicts of interests
(1) The Foundation shall not participate or intervene in a political campaign on behalf of any candidate for public office.
(2) No director, officer, or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation affecting—
(A) the financial interests of the director, officer, or employee; or
(B) the interests of any corporation partnership, entity, or organization in which such director, officer, or employee—
(i) is an officer, director, or trustee; or
(ii) has any direct or indirect financial interest.
(Pub. L. 101–593, title IV, § 402, Nov. 16, 1990, 104 Stat. 2970.)
§ 583j–1. Board of Directors of Foundation
(a) Establishment and membership
(b) Appointment and terms
(c) Chairman
(d) Quorum
(e) Meetings
(f) Reimbursement of expenses
(g) General powers
(h) Officers and employees
(Pub. L. 101–593, title IV, § 403, Nov. 16, 1990, 104 Stat. 2970; Pub. L. 107–63, title II, Nov. 5, 2001, 115 Stat. 450; Pub. L. 111–88, div. A, title IV, § 432, Oct. 30, 2009, 123 Stat. 2964.)
§ 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
(c) Seal
(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 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; Pub. L. 114–54, title II, § 201(c)(1), Sept. 30, 2015, 129 Stat. 516.)
§ 583j–3. Administrative services and support
(a) Startup funds
(b) Matching funds
(c) Administrative expenses
(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; Pub. L. 114–54, title II, § 201(a), Sept. 30, 2015, 129 Stat. 515; Pub. L. 115–334, title VIII, § 8503(a), Dec. 20, 2018, 132 Stat. 4847.)
§ 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).
(Pub. L. 101–593, title IV, § 406, Nov. 16, 1990, 104 Stat. 2973.)
§ 583j–5. Audits and report requirements
(a) Audits
(b) Annual reports
(Pub. L. 101–593, title IV, § 407, Nov. 16, 1990, 104 Stat. 2973; Pub. L. 114–54, title II, § 201(c)(2), Sept. 30, 2015, 129 Stat. 516.)
§ 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
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.
(Pub. L. 101–593, title IV, § 409, Nov. 16, 1990, 104 Stat. 2973.)
§ 583j–8. Authorization of appropriations
(a) Startup funds
(b) Matching funds
(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; Pub. L. 114–54, title II, § 201(b), Sept. 30, 2015, 129 Stat. 515; Pub. L. 115–334, title VIII, § 8503(b), Dec. 20, 2018, 132 Stat. 4847.)
§ 583j–9. Federal funds
For fiscal year 2014 and thereafter, 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 January 17, 2014) on Federal funds to carry out the purposes of Public Law 101–593: Provided further, That such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
(Pub. L. 113–76, div. G, title III, Jan. 17, 2014, 128 Stat. 327.)