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16 USC CHAPTER 78 - NATIONAL NATURAL RESOURCES

CONSERVATION FOUNDATION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 78 - NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION

.

-HEAD-

CHAPTER 78 - NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION

-MISC1-

Sec.

5801. Definitions.

5802. National Natural Resources Conservation Foundation.

(a) Establishment.

(b) Duties.

(c) Limitations and conflicts of interest.

5803. Composition and operation.

(a) Composition.

(b) Nongovernmental employees.

(c) Membership.

(d) Chairperson.

(e) Vacancies.

(f) Compensation.

(g) Travel expenses.

5804. Officers and employees.

(a) In general.

(b) Officers and employees.

5805. Corporate powers and obligations of Foundation.

(a) In general.

(b) Seal.

(c) Powers.

(d) Interests in property.

5806. Administrative services and support.

5807. Audits and petition of Attorney General for equitable relief.

(a) Audits.

(b) Relief with respect to certain Foundation acts or

failure to act.

5808. Release from liability.

(a) In general.

(b) Statement.

5809. Authorization of appropriations.

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16 USC Sec. 5801 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 78 - NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION

-HEAD-

Sec. 5801. Definitions

-STATUTE-

In this chapter (unless the context otherwise requires):

(1) Board

The term ''Board'' means the Board of Trustees established

under section 5803 of this title.

(2) Department

The term ''Department'' means the Department of Agriculture.

(3) Foundation

The term ''Foundation'' means the National Natural Resources

Conservation Foundation established by section 5802(a) of this

title.

(4) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

-SOURCE-

(Pub. L. 104-127, title III, Sec. 352, Apr. 4, 1996, 110 Stat.

1010.)

-MISC1-

SHORT TITLE

Section 351 of title III of Pub. L. 104-127 provided that: ''This

subtitle (subtitle F (Sec. 351-360) of title III of Pub. L.

104-127, enacting this chapter and amending section 1101 of

(former) Title 36, Patriotic Societies and Observances) may be

cited as the 'National Natural Resources Conservation Foundation

Act'.''

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16 USC Sec. 5802 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 78 - NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION

-HEAD-

Sec. 5802. National Natural Resources Conservation Foundation

-STATUTE-

(a) Establishment

A National Natural Resources Conservation Foundation is

established as a charitable and nonprofit corporation for

charitable, scientific, and educational purposes specified in

subsection (b) of this section. The Foundation is not an agency or

instrumentality of the United States.

(b) Duties

The Foundation shall -

(1) promote innovative solutions to the problems associated

with the conservation of natural resources on private lands,

particularly with respect to agriculture and soil and water

conservation;

(2) promote voluntary partnerships between government and

private interests in the conservation of natural resources;

(3) conduct research and undertake educational activities,

conduct and support demonstration projects, and make grants to

State and local agencies and nonprofit organizations;

(4) provide such other leadership and support as may be

necessary to address conservation challenges, such as the

prevention of excessive soil erosion, the enhancement of soil and

water quality, and the protection of wetlands, wildlife habitat,

and strategically important farmland subject to urban conversion

and fragmentation;

(5) encourage, accept, and administer private gifts of money

and real and personal property for the benefit of, or in

connection with, the conservation and related activities and

services of the Department, particularly the Natural Resources

Conservation Service;

(6) undertake, conduct, and encourage educational, technical,

and other assistance, and other activities, that support the

conservation and related programs administered by the Department

(other than activities carried out on National Forest System

lands), particularly the Natural Resources Conservation Service,

except that the Foundation may not enforce or administer a

regulation of the Department; and

(7) raise private funds to promote the purposes of the

Foundation.

(c) Limitations and conflicts of interest

(1) Political activities

The Foundation shall not participate or intervene in a

political campaign on behalf of any candidate for public office.

(2) Conflicts of interest

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,

organization, or other person in which the director, officer,

or employee -

(i) is an officer, director, or trustee; or

(ii) has any direct or indirect financial interest.

(3) Legislation or government action or policy

No funds of the Foundation may be used in any manner for the

purpose of influencing legislation or government action or

policy.

(4) Litigation

No funds of the Foundation may be used to bring or join an

action against the United States.

-SOURCE-

(Pub. L. 104-127, title III, Sec. 353, Apr. 4, 1996, 110 Stat.

1010.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5801, 5805 of this title.

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16 USC Sec. 5803 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 78 - NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION

-HEAD-

Sec. 5803. Composition and operation

-STATUTE-

(a) Composition

The Foundation shall be administered by a Board of Trustees that

shall consist of 9 voting members, each of whom shall be a United

States citizen and not a Federal officer. The Board shall be

composed of -

(1) individuals with expertise in agricultural conservation

policy matters;

(2) a representative of private sector organizations with a

demonstrable interest in natural resources conservation;

(3) a representative of statewide conservation organizations;

(4) a representative of soil and water conservation districts;

(5) a representative of organizations outside the Federal

Government that are dedicated to natural resources conservation

education; and

(6) a farmer or rancher.

(b) Nongovernmental employees

Service as a member of the Board shall not constitute employment

by, or the holding of, an office of the United States for the

purposes of any Federal law.

(c) Membership

(1) Initial members

The Secretary shall appoint 9 persons who meet the criteria

established under subsection (a) of this section as the initial

members of the Board and designate 1 of the members as the

initial chairperson for a 2-year term.

(2) Terms of office

(A) In general

A member of the Board shall serve for a term of 3 years,

except that the members appointed to the initial Board shall

serve, proportionately, for terms of 1, 2, and 3 years, as

determined by the Secretary.

(B) Limitation on terms

No individual may serve more than 2 consecutive 3-year terms

as a member of the Board.

(3) Subsequent members

The initial members of the Board shall adopt procedures in the

constitution of the Foundation for the nomination and selection

of subsequent members of the Board. The procedures shall require

that each member, at a minimum, meets the criteria established

under subsection (a) of this section and shall provide for the

selection of an individual, who is not a Federal officer or a

member of the Board.

(d) Chairperson

After the appointment of an initial chairperson under subsection

(c)(1) of this section, each succeeding chairperson of the Board

shall be elected by the members of the Board for a 2-year term.

(e) Vacancies

A vacancy on the Board shall be filled by the Board not later

than 60 days after the occurrence of the vacancy.

(f) Compensation

A member of the Board shall receive no compensation from the

Foundation for the service of the member on the Board.

(g) Travel expenses

While away from the home or regular place of business of a member

of the Board in the performance of services for the Board, the

member shall be allowed travel expenses paid by the Foundation,

including per diem in lieu of subsistence, at the same rate as a

person employed intermittently in the Government service is allowed

under section 5703 of title 5.

-SOURCE-

(Pub. L. 104-127, title III, Sec. 354, Apr. 4, 1996, 110 Stat.

1011.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5801 of this title.

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16 USC Sec. 5804 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 78 - NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION

-HEAD-

Sec. 5804. Officers and employees

-STATUTE-

(a) In general

The Board may -

(1) appoint, hire, and discharge the officers and employees of

the Foundation, other than appoint the initial Executive Director

of the Foundation;

(2) adopt a constitution and bylaws for the Foundation that are

consistent with the purposes of this chapter; and

(3) undertake any other activities that may be necessary to

carry out this chapter.

(b) Officers and employees

(1) Appointment and hiring

An officer or employee of the Foundation -

(A) shall not, by virtue of the appointment or employment of

the officer or employee, be considered a Federal employee for

any purpose, including the provisions of title 5 governing

appointments in the competitive service, except that such an

individual may participate in the Federal employee retirement

system as if the individual were a Federal employee; and

(B) may not be paid by the Foundation a salary in excess of

$125,000 per year.

(2) Executive Director

(A) Initial Director

The Secretary shall appoint an individual to serve as the

initial Executive Director of the Foundation who shall serve,

at the direction of the Board, as the chief operating officer

of the Foundation.

(B) Subsequent Directors

The Board shall appoint each subsequent Executive Director of

the Foundation who shall serve, at the direction of the Board,

as the chief operating officer of the Foundation.

(C) Qualifications

The Executive Director shall be knowledgeable and experienced

in matters relating to natural resources conservation.

-SOURCE-

(Pub. L. 104-127, title III, Sec. 355, Apr. 4, 1996, 110 Stat.

1012.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (b)(1)(A), are

classified to section 3301 et seq. of Title 5, Government

Organization and Employees.

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16 USC Sec. 5805 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 78 - NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION

-HEAD-

Sec. 5805. Corporate powers and obligations of Foundation

-STATUTE-

(a) In general

The Foundation -

(1) may conduct business throughout the United States and the

territories and possessions of the United States; and

(2) shall at all times maintain a designated agent who is

authorized to accept service of process for the Foundation, so

that the serving of notice to, or service of process on, the

agent, or mailed to the business address of the agent, shall be

considered as service on or notice to the Foundation.

(b) Seal

The Foundation shall have an official seal selected by the Board

that shall be judicially noticed.

(c) Powers

To carry out the purposes of the Foundation under section 5802(b)

of this title, the Foundation shall have, in addition to the powers

otherwise provided under this chapter, the usual powers of a

corporation, including the power -

(1) to accept, receive, solicit, hold, administer, and use any

gift, devise, or bequest, either absolutely or in trust, of real

or personal property or any income from, or other interest in,

the gift, devise, or bequest;

(2) to acquire by purchase or exchange any real or personal

property or interest in property, except that funds provided

under section 5809 of this title may not be used to purchase an

interest in real property;

(3) unless otherwise required by instrument of transfer, to

sell, donate, lease, invest, reinvest, retain, or otherwise

dispose of any property or income from property;

(4) on the written approval of the Secretary, to use, license,

or transfer symbols, slogans, and logos of the Foundation

(exclusive of any symbol or logo of a governmental entity);

(5) to borrow money from private sources and issue bonds,

debentures, or other debt instruments, subject to section 5808 of

this title, except that the aggregate amount of the borrowing and

debt instruments outstanding at any time may not exceed

$1,000,000;

(6) to sue and be sued, and complain and defend itself, in any

court of competent jurisdiction, except that a member of the

Board shall not be personally liable for an action in the

performance of services for the Board, except for gross

negligence;

(7) to enter into a contract or other agreement with an agency

of State or local government, educational institution, or other

private organization or person and to make such payments as may

be necessary to carry out the functions of the Foundation; and

(8) to do any and all acts that are necessary to carry out the

purposes of the Foundation.

(d) Interests in property

(1) Interests in real property

The Foundation may acquire, hold, and dispose of lands, waters,

or other interests in real property by donation, gift, devise,

purchase, or exchange. An interest in real property shall be

treated, among other things, as including an easement or other

right for the preservation, conservation, protection, or

enhancement of agricultural, natural, scenic, historic,

scientific, educational, inspirational, or recreational

resources.

(2) Gifts

A gift, devise, or bequest may be accepted by the Foundation

even though the gift, devise, or bequest is encumbered,

restricted, or subject to a beneficial interest of a private

person if any current or future interest in the gift, devise, or

bequest is for the benefit of the Foundation.

(3) Use of symbols, slogans, and logos of the Foundation

(A) In general

The Secretary may authorize the Foundation to use, license,

or transfer symbols, slogans, and logos of the Foundation.

(B) Income

(i) In general

All revenue received by the Foundation from the use,

licensing, or transfer of symbols, slogans, and logos of the

Foundation shall be transferred to the Secretary.

(ii) Conservation operations

The Secretary shall transfer all revenue received under

clause (i) to the account within the Natural Resources

Conservation Service that is used to carry out conservation

operations.

-SOURCE-

(Pub. L. 104-127, title III, Sec. 356, Apr. 4, 1996, 110 Stat.

1013; Pub. L. 107-171, title II, Sec. 2506, May 13, 2002, 116 Stat.

274.)

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AMENDMENTS

2002 - Subsec. (c)(4) to (8). Pub. L. 107-171, Sec. 2506(1),

which directed amendment of subsection (c) of section 356 of the

Federal Agriculture Improvement Act of 1996 by adding par. (4) and

redesignating former pars. (4) to (7) as (5) to (8), respectively,

was executed to subsec. (c) of this section, which is section 356

of the Federal Agriculture Improvement and Reform Act of 1996, to

reflect the probable intent of Congress.

Subsec. (d)(3). Pub. L. 107-171, Sec. 2506(2), which directed

amendment of subsection (d) of section 356 of the Federal

Agriculture Improvement Act of 1996 by adding par. (3), was

executed to subsec. (d) of this section, which is section 356 of

the Federal Agriculture Improvement and Reform Act of 1996, to

reflect the probable intent of Congress.

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16 USC Sec. 5806 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 78 - NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION

-HEAD-

Sec. 5806. Administrative services and support

-STATUTE-

For each of fiscal years 1996 through 1998, the Secretary may

provide, without reimbursement, personnel, facilities, and other

administrative services of the Department to the Foundation.

-SOURCE-

(Pub. L. 104-127, title III, Sec. 357, Apr. 4, 1996, 110 Stat.

1014.)

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16 USC Sec. 5807 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 78 - NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION

-HEAD-

Sec. 5807. Audits and petition of Attorney General for equitable

relief

-STATUTE-

(a) Audits

(1) In general

The accounts of the Foundation shall be audited in accordance

with section 10101 of title 36, including an audit of lobbying

and litigation activities carried out by the Foundation.

(2) Repealed. Pub. L. 105-225, Sec. 6(b), Aug. 12, 1998, 112

Stat. 1499

(b) Relief with respect to certain Foundation acts or failure to

act

The Attorney General may petition in the United States District

Court for the District of Columbia for such equitable relief as may

be necessary or appropriate, if the Foundation -

(1) engages in, or threatens to engage in, any act, practice,

or policy that is inconsistent with this chapter; or

(2) refuses, fails, neglects, or threatens to refuse, fail, or

neglect, to discharge the obligations of the Foundation under

this chapter.

-SOURCE-

(Pub. L. 104-127, title III, Sec. 358, Apr. 4, 1996, 110 Stat.

1014; Pub. L. 105-225, Sec. 6(b), Aug. 12, 1998, 112 Stat. 1499.)

-COD-

CODIFICATION

''Section 10101 of title 36'' substituted in subsec. (a)(1) for

''Public Law 88-504 (36 U.S.C. 1101 et seq.)'' on authority of Pub.

L. 105-225, Sec. 5(b), Aug. 12, 1998, 112 Stat. 1499, the first

section of which enacted Title 36, Patriotic and National

Observances, Ceremonies, and Organizations.

-MISC3-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-225 repealed par. (2) which

amended section 1101(77) of former title 36.

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16 USC Sec. 5808 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 78 - NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION

-HEAD-

Sec. 5808. Release from liability

-STATUTE-

(a) In general

The United States shall not be liable for any debt, default, act,

or omission of the Foundation. The full faith and credit of the

United States shall not extend to the Foundation.

(b) Statement

An obligation issued by the Foundation, and a document offering

an obligation, shall include a prominent statement that the

obligation is not directly or indirectly guaranteed, in whole or in

part, by the United States (or an agency or instrumentality of the

United States).

-SOURCE-

(Pub. L. 104-127, title III, Sec. 359, Apr. 4, 1996, 110 Stat.

1014.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5805 of this title.

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16 USC Sec. 5809 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 78 - NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION

-HEAD-

Sec. 5809. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Department to be

made available to the Foundation $1,000,000 for each of fiscal

years 1997 through 1999 to initially establish and carry out

activities of the Foundation.

-SOURCE-

(Pub. L. 104-127, title III, Sec. 360, Apr. 4, 1996, 110 Stat.

1014.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5805 of this title.

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