US (United States) Code. Title 36. Subtitle II. Part B. Chapter 1535: National tropical botanical garden

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Patriotic and national observances, ceremonies, and organizations

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 19 páginas
publicidad
publicidad

-CITE-

36 USC CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-MISC1-

Sec.

153501. Organization.

153502. Purposes.

153503. Membership.

153504. Governing body.

153505. Powers.

153506. Exclusive right to name.

153507. Restrictions.

153508. Principal office and location of activities and

gardens.

153509. Records and inspection.

153510. Statement required in audit report.

153511. Service of process.

153512. Liability for acts of officers and agents.

153513. Distribution of assets on dissolution or final

liquidation.

-End-

-CITE-

36 USC Sec. 153501 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153501. Organization

-STATUTE-

(a) Federal Charter. - National Tropical Botanical Garden (in

this chapter, the "corporation") is a federally chartered

corporation.

(b) Perpetual Existence. - Except as otherwise provided, the

corporation has perpetual existence.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1425.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153501 36:4601. Aug. 19, 1964, Pub. L.

88-449, Sec. 1, 78 Stat.

496; Oct. 28, 1988, Pub. L.

100-539, Sec. 1, 102 Stat.

2718.

36:4602. Aug. 19, 1964, Pub. L.

88-449, Sec. 2, 78 Stat. 496.

--------------------------------------------------------------------

This section is substituted for the source provisions for

consistency in the revised title and to eliminate unnecessary and

executed words.

-End-

-CITE-

36 USC Sec. 153502 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153502. Purposes

-STATUTE-

The purposes of the corporation are -

(1) to establish, develop, operate, and maintain for the

benefit of the people of the United States an educational and

scientific center in the form of one or more tropical botanical

gardens, together with facilities such as libraries, herbaria,

laboratories, and museums that are appropriate and necessary for

encouraging and conducting research in basic and applied tropical

botany;

(2) to foster and encourage fundamental research about tropical

plant life and to encourage research and study of the uses of

tropical flora in agriculture, forestry, horticulture, medicine,

and other sciences;

(3) to disseminate through publications and other media the

knowledge about basic and applied tropical botany acquired at the

gardens;

(4) to collect and cultivate tropical flora of every nature and

origin and to preserve for the people of the United States

species of tropical plant life threatened with extinction; and

(5) to provide a beneficial facility that will contribute to

the education, instruction, and recreation of the people of the

United States.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1425.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153502 36:4603. Aug. 19, 1964, Pub. L.

88-449, Sec. 3, 78 Stat. 496.

--------------------------------------------------------------------

Before clause (1), the words "objects" is omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 153503 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153503. Membership

-STATUTE-

(a) Eligibility. - Except as provided in this chapter,

eligibility for membership in the corporation and the rights and

privileges of members are as provided in the constitution and

bylaws of the corporation.

(b) Voting. - Each member (except an honorary or associate

member) has one vote on each matter submitted to a vote at a

meeting of the members.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1425.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153503 36:4608. Aug. 19, 1964, Pub. L.

88-449, Sec. 8, 78 Stat. 498.

--------------------------------------------------------------------

-End-

-CITE-

36 USC Sec. 153504 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153504. Governing body

-STATUTE-

(a) Board of Trustees. - (1) The board of trustees is the

governing body of the corporation. The duties and powers of the

board are as provided in the bylaws.

(2) The manner of selection and term of office of the trustees

are as provided in the bylaws.

(b) Officers. - (1) The officers of the corporation are a

president, one or more vice presidents, a secretary, a treasurer,

and other officers as provided in the bylaws.

(2) The manner of election, term of office, and duties of the

officers are as provided in the bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1425.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153504(a) 36:4605. Aug. 19, 1964, Pub. L.

88-449, Sec. 5, 78 Stat.

497; Sept. 29, 1972, Pub. L.

92-447, 86 Stat. 746.

153504(b) 36:4606. Aug. 19, 1964, Pub. L.

88-449, Sec. 6, 78 Stat. 497.

--------------------------------------------------------------------

In subsection (a), the text of 36:4605(a) is omitted as obsolete.

The words "Except for the foregoing provision" in 36:4605(b) and

"responsibilities" in 36:4605(c) are omitted as unnecessary.

In subsection (b), the words "as provided" are substituted for

"as may be authorized" and "as may be prescribed" for consistency

in the revised title.

-End-

-CITE-

36 USC Sec. 153505 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153505. Powers

-STATUTE-

The corporation may -

(1) adopt and amend bylaws for the management of its property

and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, trustees, managers, employees, and agents

as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as

necessary or proper to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure

its obligations by granting security interests in its property;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the

purposes of the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1426.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153505 36:4604. Aug. 19, 1964, Pub. L.

88-449, Sec. 4, 78 Stat. 497.

--------------------------------------------------------------------

In clause (1), the word "alter" is omitted as unnecessary. The

words "not inconsistent with the laws of the United States of

America or of any State in which the corporation is to operate" are

omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

Clause (5) is substituted for "take and hold by lease, gift,

purchase, grant, devise, or bequest, or by any other method, any

property, real, personal, or mixed, necessary or proper for

attaining the objects and carrying into effect the purposes of the

corporation" and "transfer, convey, lease, sublease, mortgage,

encumber, and otherwise alienate real, personal, or mixed property"

for consistency in the revised title and to eliminate unnecessary

words. The words "subject, however, to applicable provisions of law

of any State or the District of Columbia (1) governing the amount

or kind of such property which may be held by, or (2) otherwise

limiting or controlling the ownership or any such property by a

corporation operating in such State or the District of Columbia"

are omitted as unnecessary.

In clause (6), the words "for the purposes of the corporation"

are omitted as unnecessary. The words "issue instruments of

indebtedness, and secure its obligations by granting security

interests in its property" are substituted for "issue bonds or

other evidences of indebtedness therefor, and secure the same by

mortgage, deed of trust, pledge, or otherwise" for consistency in

the revised title. The words "subject in every case to all

applicable provisions of the Federal and State laws or to the laws

of the District of Columbia" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of

competent jurisdiction" are omitted as unnecessary.

In clause (8), the words "any other act" are substituted for "any

and all acts and things" to eliminate unnecessary words. The words

"objects and" are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 153506 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153506. Exclusive right to name

-STATUTE-

The corporation has the exclusive right to use and to allow

others to use the name "National Tropical Botanical Garden".

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1426.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153506 36:4616. Aug. 19, 1964, Pub. L.

88-449, Sec. 16, 78 Stat.

499; Oct. 28, 1988, Pub. L.

100-539, Sec. 1, 102 Stat.

2718.

--------------------------------------------------------------------

-End-

-CITE-

36 USC Sec. 153507 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153507. Restrictions

-STATUTE-

(a) Stock and Dividends. - The corporation may not issue stock or

declare or pay a dividend.

(b) Political Activities. - The corporation or a trustee or

officer as such may not contribute to, support, or assist a

political party or candidate for elective public office.

(c) Distribution of Income or Assets. - The income or assets of

the corporation may not inure to the benefit of, or be distributed

to, a trustee, officer, or member during the life of the

corporation or on its dissolution or final liquidation. This

subsection does not prevent the payment of reasonable compensation

to an officer or reimbursement for actual necessary expenses in

amounts approved by the board of trustees.

(d) Loans. - The corporation may not make a loan to a trustee,

officer, or employee. Trustees who vote for or assent to making a

loan to a trustee, officer, or employee, and officers who

participate in making the loan, are jointly and severally liable to

the corporation for the amount of the loan until it is repaid.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1426.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153507(a) 36:4612. Aug. 19, 1964, Pub. L.

88-449, Secs. 12, 13, 15, 78

Stat. 499.

153507(b) 36:4615.

153507(c) 36:4613(a).

153507(d) 36:4613(b).

--------------------------------------------------------------------

In subsection (a), the words "shares of" are omitted as

unnecessary.

In subsection (c), the words "inure to the benefit of" are

substituted for "inure to" for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 153508 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153508. Principal office and location of activities and

gardens

-STATUTE-

(a) Principal Office. - The principal office of the corporation

shall be in the District of Columbia or another place decided by

the board of trustees.

(b) Location of Activities and Gardens. - The activities of the

corporation may be conducted anywhere. However, the corporation may

establish tropical botanical gardens only in the United States and

its territories and possessions.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1426.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153508 36:4607(a). Aug. 19, 1964, Pub. L.

88-449, Sec. 7(a), 78 Stat.

498; Oct. 28, 1988, Pub. L.

100-539, Sec. 2, 102 Stat.

2718.

--------------------------------------------------------------------

Subsection (a) is substituted for "The corporation initially

shall have its principal office in the District of Columbia and

later at such place as may be determined by the board of trustees"

for consistency in the revised title.

Subsection (b) is substituted for "The corporation shall have the

right to conduct its activities in the United States and elsewhere

but shall establish a tropical botanical garden or gardens only in

the United States. For purposes of this subsection, the term

'United States' includes any commonwealth, territory, or possession

of the United States" to eliminate unnecessary words.

-End-

-CITE-

36 USC Sec. 153509 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153509. Records and inspection

-STATUTE-

(a) Records. - The corporation shall keep -

(1) correct and complete records of account;

(2) minutes of the proceedings of its board of trustees and

committees having any of the authority of its board of trustees;

and

(3) at its principal office, a record of the names and

addresses of its members entitled to vote.

(b) Inspection. - A member entitled to vote, or an agent or

attorney of the member, may inspect the records of the corporation

for any proper purpose, at any reasonable time.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1426.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153509 36:4611. Aug. 19, 1964, Pub. L.

88-449, Sec. 11, 78 Stat.

499.

--------------------------------------------------------------------

The word "records" is substituted for "books and records" for

consistency in the revised title and with other titles of the

United States Code.

-End-

-CITE-

36 USC Sec. 153510 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153510. Statement required in audit report

-STATUTE-

The corporation shall include in the audit report statement

required under section 10101(b)(1)(B) of this title a schedule of

all contracts requiring payments greater than $10,000 and all

payments of compensation or fees at a rate of greater than $10,000

a year.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1427.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153510 36:4610(b) (2d Aug. 19, 1964, Pub. L.

sentence cl. (2)). 88-449, Sec. 10(b) (2d

sentence cl. (2)), 78 Stat.

498.

--------------------------------------------------------------------

The word "salaries" is omitted as included in "compensation".

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in this section, see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance, and page 205 of House Document No. 103-7.

-End-

-CITE-

36 USC Sec. 153511 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153511. Service of process

-STATUTE-

The corporation shall have a designated agent in the District of

Columbia to receive service of process for the corporation. Notice

to or service on the agent, or mailed to the business address of

the agent, is notice to or service on the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1427.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153511 36:4607(b). Aug. 19, 1964, Pub. L.

88-449, Sec. 7(b), 78 Stat.

498.

--------------------------------------------------------------------

The word "have" is substituted for "maintain" for consistency in

the revised title. The words "at all times" are omitted as

unnecessary. The words "to receive" are substituted for "authorized

to accept", and the words "is notice to or service on" are

substituted for "shall be deemed notice or service upon", for

consistency in the revised title.

-End-

-CITE-

36 USC Sec. 153512 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153512. Liability for acts of officers and agents

-STATUTE-

The corporation is liable for the acts of its officers and agents

acting within the scope of their authority.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1427.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153512 36:4609. Aug. 19, 1964, Pub. L.

88-449, Sec. 9, 78 Stat. 498.

--------------------------------------------------------------------

-End-

-CITE-

36 USC Sec. 153513 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1535 - NATIONAL TROPICAL BOTANICAL GARDEN

-HEAD-

Sec. 153513. Distribution of assets on dissolution or final

liquidation

-STATUTE-

(a) Allowable Recipients. - On dissolution or final liquidation

of the corporation, any assets remaining after the discharge of all

liabilities shall be distributed, as decided by the board of

trustees, to -

(1) the United States Government, to be administered by the

Secretary of the Interior under the Act of August 25, 1916 (16

U.S.C. 1 et seq.), known as the National Park Service Organic

Act)); (!1) or

(2) a State or local government to be used for a public

purpose.

(b) Restriction. - A distribution under subsection (a) of this

section shall be consistent with the purposes of the corporation

and in compliance with the charter and bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1427.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

153513 36:4614. Aug. 19, 1964, Pub. L.

88-449, Sec. 14, 78 Stat.

499.

--------------------------------------------------------------------

In subsection (a), the words "the discharge of all liabilities"

are substituted for "the corporation's liabilities have been

satisfied" for consistency in the revised title. In clause (1), the

words "as amended and supplemented" are omitted as unnecessary.

In subsection (b), the words "and Federal and State laws" are

omitted as unnecessary.

-REFTEXT-

REFERENCES IN TEXT

Act of August 25, 1916, referred to in subsec. (a)(1), is act

Aug. 25, 1916, ch. 408, 39 Stat. 35, as amended, popularly known as

the National Park Service Organic Act, which is classified

generally to sections 1, 2, 3, and 4 of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 1 of Title 16 and Tables.

-FOOTNOTE-

(!1) So in original. The parentheses probably should not appear.

-End-