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S. 814 (90th): An Act to establish the National Park Foundation

The text of the bill below is as of Dec 18, 1967 (Passed Congress).

656                                   PUBLIC LAW 90-209-DEC. 18, 1967                      [81 STAT.

                    Public Law 90-209
December 18, 1967                                      AN ACT
    [S. 814]                         To establish the National Park Foniulatiou.

                               Be it enacted hy the Semite and Houae of RepretientativeH of the
 National Park               United States of America in Congress assembled^ That in order to
  Establishment.            encourage private gifts of real and personal property or any income
                            tlierefrom or other interest therein for the benefit of, or in connection
                            with, the National Park Service, its activities, or its services, and
                            thereby to further the conservation of natural, scenic, historic, scien-
                            tific, educational, inspirational, or recreational resources for future
                            generations of Americans,^there is hereby established a charitable and
                            nonprofit corporation to be known as the National P a r k Foundation to
                            accept and administer such gifts.
                               SEC. 2. The National Park Foundation shall consist of a Board
                            having as members the Secretary of the Interior, the Director of the
                            National Park Service, ex officio, and no less than six private citizens
                            of the United States appointed by the Secretary of the Interior whose
                            initial terms shall be staggered to assure continuity of administration.
                            Thereafter, the term shall be six years, unless a successor is chosen to
                            fill a vacancy occurring prior to the expiration of the term for which
                            his predecessor was chosen, in which event the successor shall be chosen
                            only for the remainder of that term. The Secretary of the Interior
                            shall be the Chairman of the Board and the Director of the National
                            P a r k Service shall be the Secretary of the Board. Membership on the
                            Board shall not be deemed to be an office within the meaning of the
                            statutes of the United States. A majority of the members of the Board
                            serving at any one time shall constitute a quorum for the transaction
                            of business, and the Foundation shall have an official seal, which shall
                            be judicially noticed. The Board shall meet at the call of the Chairman
                            and there shall be at least one meeting each year.
   Travel e x p e n s e s ,    No compensation shall be paid to the members of the Board for
re imburs e ment.
                            their services as members, but they shall be reimbursed for actual and
                            necessary traveling and subsistence expenses incurred by them in the
                            performance of their duties as such members out of National P a r k
                            Foundation funds available to the Board for such purposes. The Foun-
                            dation shall succeed to all right, title, and interest of the National
                            Park Trust F u n d Board established in any property or funds, includ-
                            ing the National P a r k Trust Fund, subject to the terms and conditions
  Repeal.                   thereof. The National P a r k Trust Fund is hereby abolished, and the
                            Act of July 10,1935 (49 Stat. 477; 16 U.S.C. 19 et seq.), as amended,
                            is hereby repealed.
   Gifts, b e q u e s t s ,    SEC. 3. Tne Foundation is authorized to accept, receive, solicit, hold,
etc., acceptance.
                            administer, and use any gifts, devises, or bequests, either absolutely or
                            in trust of real or personal property or any income therefrom or
                            other interest therein for the benefit of or in connection with, the
   Restriction.             National Park Service, its activities, or its services: Provided^ That the
                            Foundation may not accept any such gift, devise, or bequest which
                            entails any expenditure other than from the resources of the Founda-
                            tion. An interest in the real property includes, among other things,
                            easements or other rights for preservation, conservation, protection,
                            or enhancement by and for the public of natural, scenic, historic,
                            scientific, educational, inspirational, or recreational resources. 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 National P a r k Service, its activities, or its services.
  Property or in-              SEC. 4. Except as otherwise required by the instrument of transfer,
come; s a l e , in-
vestment, e t c .           the Foundation may sell, lease, invest, reinvest, retain, or otherwise

81 STAT.] PUBLIC LAW 90-210-DEC. 18, 1967 657 dispose of or deal with any property or income thereof as the Board may from time to time determine. The Foundation shall not engage in any business, nor shall the Foundation make any investment that may not lawfully be made by a trust company in the District of Columbia, except that the Foundation may make any investment authorized by the instrument of transfer, and may retain any property accepted by the Foundation. The Foundation may utilize the services and facilities of the Department of the Interior and the Department of Justice, and such services and facilities may be made available on request to the extent practicable without reimbursement therefor. SEC. 5. The Foundation shall have perpetual succession, with all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name, but the members of the Board shall not be personally liable, except for malfeasance. SEC. 6. The Foundation shall have the power to enter into contracts, ity.Contract author- to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes. SEC. 7. I n carrying out the provisions of this Act, the Board may adopt bylaws, rules, and regulations necessary for the administration of its functions and contract for any necessary services. SEC. 8. The Foundation and any income or property received or '^^'^ exemptions 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. The Foundation may, however, in the discretion of its direc- tors, contribute toward the costs of local government in amounts not in excess of those which it would be obligated to pay such government if it were not exempt from taxation by virtue of the foregoing or by virtue of its being a charitable and nonprofit corporation and may agree so to contribute with respect to property transferred to it and the income derived therefrom if such agreement is a condition of the transfer. Contributions, gifts, and other transfers made to or for the use of the Foundation shall be regarded as contributions, gifts, or transfers to or for the use of the United States. SEC. 9. The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation. SEC. 10. The Foundation shall, as soon as practicable after the end „,f„^f °'"' *° ^°" of each fiscal year, transmit to Congress an annual report of its pro- gress. ceedings and activities, including a full and complete statement of its receipts, expenditures, and investments. Approved December 18, 1967. Public Law 90-210 AN A C T December 18, 1967 To amend the Food and Agriculture Act of 1965. ^_J£ili£^j Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled,^ That section 602(a) Food and Agri- of the Food and Agriculture Act of 1965 is amended by adding at the igesTamend!^ end thereof the following new sentence: "The foregoing provision ment! shall not prevent a producer from placing a farm in the program if y^us'c^isa's.^* the farm was acquired by the producer to replace an eligible farm from which he was displaced because of its acquisition by any Federal, State, or other agency having the right of eminent domain." Approved December 18, 1967.