54 U.S.C. § 101112 — Board

Page 32 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101102 ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘(b) DONOR ACKNOWLEDGMENTS IN UNITS OF NATIONAL PARK SYSTEM.— ‘‘(1) IN GENERAL.—The Secretary may authorize a donor acknowledgment to recognize a donation to— ‘‘(A) the National Park Service; or ‘‘(B) the National Park System. ‘‘(2) RESTRICTIONS.—A donor acknowledgment shall not be used to state or imply— ‘‘(A) recognition of the donor or any product or service of the donor as an official sponsor, or any similar form of recognition, of the National Park Service or the National Park System; ‘‘(B) a National Park Service endorsement of the donor or any product or service of the donor; or ‘‘(C) naming rights to any unit of the National Park System or a National Park System facility, including a visitor center. ‘‘(3) REQUIREMENTS.— ‘‘(A) DISPLAY.—A donor acknowledgment shall be displayed— ‘‘(i) in a manner that is approved by the Sec- retary; and ‘‘(ii) for a period of time, as determined by the Secretary, that is commensurate with the amount of the contribution and the life of the structure. ‘‘(B) GUIDELINES.—The Secretary shall establish donor acknowledgment guidelines that take into account the unique requirements of individual units and programs of the National Park System. ‘‘(C) USE OF SLOGANS PROHIBITED.—A donor ac- knowledgment shall not permit the use of— ‘‘(i) an advertising slogan; or ‘‘(ii) a statement or credit promoting or oppos- ing a political candidate or issue. ‘‘(4) PLACEMENT.— ‘‘(A) VISITOR AND ADMINISTRATIVE FACILITIES.—A donor acknowledgment may be located on or inside a visitor center or administrative facility of the National Park System (including in a specific room or section) or any other appropriate location, such as on a donor recognition wall or plaque. ‘‘(B) OUTSIDE.—A donor acknowledgment may be located in an area outside of a visitor or adminis- trative facility described in subparagraph (A), in- cluding a bench, brick, pathway, area of land- scaping, or plaza. ‘‘(C) PROJECTS.—A donor acknowledgment may be located near a park construction or restoration project, if the donation directly relates to the project. ‘‘(D) VEHICLES.—A donor acknowledgment may be placed on a National Park Service vehicle, if the donation directly relates to the vehicle. ‘‘(E) LIMITATION.—Any donor acknowledgment as- sociated with a historic structure or placed outside a park restoration project— ‘‘(i) shall be freestanding; and ‘‘(ii) shall not obstruct a natural or historical site or view. ‘‘(5) PRINTED, DIGITAL, AND MEDIA PLATFORMS.—The Secretary may authorize the use of donor acknowl- edgments under this subsection to include donor ac- knowledgments on printed, digital, and media plat- forms, including brochures or Internet websites relat- ing to a specific unit of the National Park System. ‘‘(c) COMMEMORATIVE WORKS ACT AMENDMENTS.— [Amended section 8905 of Title 40, Public Buildings, Property, And Works.] ‘‘(d) EFFECT OF SECTION.—Nothing in this section or an amendment made by this section— ‘‘(1) requires the Secretary to accept a donation; or ‘‘(2) modifies section 145 of Public Law 108–108 ([former] 16 U.S.C. 1a–1 note [see 54 U.S.C. 100101 note]; 117 Stat. 1280).’’ § 101102. Authority to accept and use funds to consolidate Federal land ownership (a) IN GENERAL.—The Secretary may— (1) accept and use funds that may be donated in order to consolidate Federal land ownership within the existing boundaries of any System unit; and (2) encourage the donation of funds for that purpose, subject to the condition that donated funds are to be expended for purposes of this section only if Federal funds in an amount equal to the amount of the donated funds are appropriated for the purposes of this section. (b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for each fiscal year not more than $500,000 to match funds that are donated for those purposes. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3119.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101102 ......... 16 U.S.C. 452a. Aug. 31, 1954, ch. 1163, 68 Stat. 1037. In subsection (b), the words ‘‘not more than $500,000’’ are substituted for ‘‘such funds as may be necessary’’ and the text of 16 U.S.C. 45a (proviso) to eliminate un- necessary words. SUBCHAPTER II—NATIONAL PARK FOUNDATION § 101111. Purpose and establishment of Founda- tion To encourage private gifts of real and personal property, or any income from, or other interest in, the property, for the benefit of, or in connec- tion with, the Service, its activities, or its serv- ices, and thereby to further the conservation of natural, scenic, historic, scientific, educational, inspirational, or recreational resources for fu- ture generations of Americans, there is estab- lished a charitable and nonprofit corporation to be known as the National Park Foundation to accept and administer those gifts. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3120.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101111 ......... 16 U.S.C. 19e. Pub. L. 90–209, § 1, Dec. 18, 1967, 81 Stat. 656. § 101112. Board (a) MEMBERSHIP.—The National Park Founda- tion shall consist of a Board having as members no fewer than six private citizens of the United States appointed by the Secretary. The Sec- retary and the Director shall be non-voting members of the Board, ex officio. (b) TERM OF OFFICE AND VACANCIES.—The term of the private citizen members of the Board is 6 years. If a successor is chosen to fill a vacancy occurring prior to the expiration of a term, the successor shall be chosen only for the remainder of that term. (c) CHAIRMAN.—The Chairman shall be elected by the Board from its members for a 2-year term. (d) BOARD MEMBERSHIP NOT AN OFFICE.—Mem- bership on the Board shall not be an office with- in the meaning of the statutes of the United States. Page 33 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101114 (e) QUORUM.—A majority of the members of the Board serving at any time shall constitute a quorum for the transaction of business. (f) SEAL.—The National Park Foundation shall have an official seal, which shall be judicially noticed. (g) MEETINGS.—The Board shall meet at the call of the Chairman and there shall be at least one meeting each year. (h) COMPENSATION AND REIMBURSEMENT.—No compensation shall be paid to the members of the Board for their services as members, but they shall be reimbursed for actual and nec- essary traveling and subsistence expenses in- curred by them in the performance of their du- ties as members out of National Park Founda- tion funds available to the Board for those pur- poses. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3120; Pub. L. 114–289, title IV, § 401(1), Dec. 16, 2016, 130 Stat. 1488.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101112 ......... 16 U.S.C. 19f. Pub. L. 90–209, § 2, Dec. 18, 1967, 81 Stat. 656. In this section, the text of 16 U.S.C. 19f (2d and last sentences in last sentences) is omitted as obsolete. In subsection (a), the words ‘‘ex officio’’ are omitted as unnecessary. In subsection (b), the words ‘‘whose initial terms shall be staggered to assure continuity of administra- tion. Thereafter’’ are omitted as obsolete. Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–289, § 401(1)(A), amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The National Park Foundation shall consist of a Board having as members the Secretary, the Direc- tor, and no fewer than 6 private citizens of the United States appointed by the Secretary.’’ Subsec. (c). Pub. L. 114–289, § 401(1)(B), amended sub- sec. (c) generally. Prior to amendment, text read as fol- lows: ‘‘The Secretary shall be the Chairman of the Board and the Director shall be the Secretary of the Board.’’ § 101113. Gifts, devises, or bequests (a) AUTHORITY TO ACCEPT GIFTS, DEVISES, OR BEQUESTS.— (1) IN GENERAL.—The National Park Founda- tion may accept, receive, solicit, hold, admin- ister, and use any gifts, devises, or bequests, either absolutely or in trust of real or personal property, or any income from, or other inter- est in, the gift, devise, or bequest, for the ben- efit of, or in connection with, the Service, its activities, or its services. (2) COORDINATION WITH SERVICE.—Activities of the National Park Foundation under para- graph (1) shall be undertaken after consulta- tion with the Director to ensure that those ac- tivities are consistent with the programs and policies of the Service. (3) GIFT, DEVISE, OR BEQUEST THAT IS ENCUM- BERED, RESTRICTED, OR SUBJECT TO BENEFICIAL INTERESTS.—A gift, devise, or bequest may be accepted by the National Park Foundation even though it is encumbered, restricted, or subject to beneficial interests of private per- sons if any current or future interest in the gift, devise, or bequest is for the benefit of the Service, its activities, or its services. (b) WHEN GIFT, DEVISE, OR BEQUEST MAY NOT BE ACCEPTED.—The National Park Foundation may not accept any gift, devise, or bequest that entails any expenditure other than from the re- sources of the Foundation. (c) INTEREST IN REAL PROPERTY.—For purposes of this section, an interest in real property in- cludes easements or other rights for preserva- tion, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or rec- reational resources. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3120; Pub. L. 114–289, title IV, § 401(2), Dec. 16, 2016, 130 Stat. 1488.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101113(a)(1) 16 U.S.C. 19g (1st sentence words before proviso). Pub. L. 90–209, § 3, Dec. 18, 1967, 81 Stat. 656. 101113(a)(2) 16 U.S.C. 19g (last sentence). 101113(b) ..... 16 U.S.C. 19g (1st sentence proviso). 101113(c) ..... 16 U.S.C. 19g (2d sentence). In subsection (c), the words ‘‘among other things’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2016—Subsec. (a)(2), (3). Pub. L. 114–289 added par. (2) and redesignated former par. (2) as (3). § 101114. Disposition of property or income (a) AUTHORITY TO DISPOSE OR DEAL WITH PROP- ERTY OR INCOME.—Except as otherwise required by the instrument of transfer, the National Park Foundation may sell, lease, invest, reinvest, re- tain, or otherwise dispose of or deal with any property or income from the property as the Board may determine. (b) RESTRICTION.—The National Park Founda- tion shall not engage in any business or 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 in- vestment authorized by the instrument of trans- fer, and may retain any property accepted by the Foundation. (c) USE OF SERVICES AND FACILITIES OF THE DE- PARTMENTS OF THE INTERIOR AND JUSTICE.—The National Park Foundation may utilize the serv- ices and facilities of the Department of the Inte- rior and the Department of Justice, and the services and facilities may be made available on request to the extent practicable with or with- out reimbursement. Amounts reimbursed to ei- ther Department shall be returned by the De- partment to the account from which the funds for which the reimbursement is made were drawn and may, without further appropriation, be expended for any purpose for which the ac- count is authorized. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3121.)