I

104TH CONGRESS

2D SESSION H. R. 4171

To amend the National Forest Foundation Act to extend and increase the

matching funds authorization for the Foundation, to provide additional

administrative support to the Foundation, to authorize the use of investment income, and to permit the Foundation to license the use of trademarks, tradenames, and other such devices to advertise that a person

is an official sponsor or supporter of the Forest Service or the National

Forest System.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 25, 1996

Mr. BAKER of Louisiana introduced the following bill; which was referred to

the Committee on Agriculture

A BILL

To amend the National Forest Foundation Act to extend

and increase the matching funds authorization for the

Foundation, to provide additional administrative support

to the Foundation, to authorize the use of investment

income, and to permit the Foundation to license the

use of trademarks, tradenames, and other such devices

to advertise that a person is an official sponsor or supporter of the Forest Service or the National Forest System.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Forest Foun3 dation Act Amendment Act of 1996’’.

4 SEC. 2. AMENDMENTS TO NATIONAL FOREST FOUNDATION

5 ACT.

6 (a) PROVISION OF ADMINISTRATIVE SUPPORT.—

7 Subsection (c) of section 405 of the National Forest Foun8 dation Act (16 U.S.C. 583j–3) is amended to read as fol9 lows:

10 ‘‘(c) ADMINISTRATIVE ASSISTANCE.—(1) Subject to

11 such limitations, terms, and conditions as the Secretary

12 may establish, the Secretary may—

13 ‘‘(A) detail personnel of the Department of Ag14 riculture to assist the Foundation; and

15 ‘‘(B) provide the Foundation with Department

16 of Agriculture facilities, equipment, supplies, and

17 other administrative services (including Government18 contracted transportation and travel services).

19 ‘‘(2) Assistance under paragraph (1) may be provided

20 for partial or no reimbursement, as the Secretary consid21 ers appropriate.’’.

22 (b) MATCHING FUNDS.—

23 (1) EXTENSION AND EXPANSION OF AUTHOR24 ITY; SOURCE OF FUNDS.—Section 410 of the Na25 tional Forest Foundation Act (16 U.S.C. 583j–8) is

26 amended to read as follows:
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1 ‘‘SEC. 410. AVAILABILITY OF FUNDS TO MATCH FOUNDA2 TION CONTRIBUTIONS.

3 ‘‘For the purposes of section 405 of this title, during

4 the five-year period beginning on October 1, 1997, the

5 Secretary may make available to the Foundation from

6 benefiting Forest Service appropriations up to $5,000,000

7 each fiscal year to match, on a one-for-one basis, private

8 contributions made to the Foundation.’’.

9 (2) CONFORMING AMENDMENTS.—Section 405

10 of the National Forest Foundation Act (16 U.S.C.

11 583j–3) is amended—

12 (A) by striking subsection (a);

13 (B) in subsection (b)—

14 (i) by striking ‘‘In addition to the

15 startup funds provided under subsection

16 (a) of this section, for’’ and inserting

17 ‘‘For’’;

18 (ii) by striking ‘‘October 1, 1992,’’

19 and inserting ‘‘October 1, 1997,’’; and

20 (iii) by striking ‘‘section 410(b)’’ and

21 inserting ‘‘section 410’’; and

22 (C) by redesignating subsections (b) and

23 (c) as subsections (a) and (b), respectively.

24 (3) EFFECT OF AMENDMENTS.—The amend25 ments made by this subsection shall not affect the

26 availability or use of funds made available for fiscal
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1 year 1997 under sections 405(b) and 410(b) of the

2 National Forest Foundation Act, as in effect on the

3 day before the date of the enactment of this Act.

4 (c) USE OF INTEREST AND OTHER INVESTMENT IN5 COME.—Section 404 of the National Forest Foundation

6 Act (16 U.S.C. 583j–2) is amended by adding at the end

7 the following new subsection:

8 ‘‘(f) USE OF INTEREST AND OTHER INVESTMENT IN9 COME.—Interest and other investment income earned (be10 fore, on, or after the date of the enactment of this sub11 section) by the Foundation and its subgrantees on Federal

12 funds received from the Secretary under section 405, but

13 not immediately disbursed, may be used by the Founda14 tion to carry out the purposes of the Foundation under

15 section 402(b).’’.

16 (d) EXCEPTION FROM AUDIT REPORTING AND COM17 PLIANCE REQUIREMENTS.—Section 407(a) of the Na18 tional Forest Foundation Act (16 U.S.C. 583j–5(a)) is

19 amended by adding at the end the following new sentence:

20 ‘‘A subgrantee of the Foundation shall be exempt from

21 the audit reporting and compliance requirements of Office

22 of Management and Budget Circular A–133 (or any suc23 cessor administrative regulation or policy) in the case of

24 grants of $250,000 or less.’’.
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1 (e) LICENSING USE OF SYMBOLS; VIOLATIONS.—

2 Section 404 of the National Forest Foundation Act (16

3 U.S.C. 583j–2) is amended—

4 (1) in subsection (d)(3), by inserting ‘‘license,’’

5 after ‘‘lease,’’; and

6 (2) by inserting after subsection (f), as added

7 by subsection (c) of this section, the following new

8 subsections:

9 ‘‘(g) LICENSING USE OF SYMBOLS.—(1) To further

10 the purposes of the Foundation under section 402(b), the

11 Foundation shall have exclusive authority to license or au12 thorize persons to use trademarks, tradenames, signs,

13 symbols, emblems, insignia, logos, likenesses, or slogans

14 to represent, promote, or advertise that an individual,

15 company, or particular good or service is an official spon16 sor or supporter of the Forest Service, the National Forest

17 System, or any unit thereof. Any license or authorization

18 provided by the Foundation under this paragraph shall be

19 subject to the prior written approval of the Secretary, who

20 may not delegate this authority.

21 ‘‘(2) All net income derived from licenses and author22 izations provided under paragraph (1) shall be expended

23 by the Foundation in accordance with policies and prior24 ities of the Forest Service on programs, projects, or activi25 ties that benefit the National Forest System or the Forest
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1 Service, as identified by the Secretary in consultation with

2 the Foundation.

3 ‘‘(3) Nothing in this subsection shall affect the au4 thority of the Secretary under Public Law 93–318 (16

5 U.S.C. 580p et seq.) relating to the name and character

6 of ‘Smokey Bear’, and the name and character of ‘Woodsy

7 Owl’.

8 ‘‘(4) The authority provided to the Foundation by

9 paragraph (1) shall expire on September 30, 2003.

10 ‘‘(h) VIOLATION OF LICENSING REQUIREMENTS.—

11 Except as provided in subsection (g), no person may use

12 for commercial purposes any trademark, tradename, sign,

13 symbol, emblem, insignia, slogan, or related artistic design

14 belonging to the Forest Service. Whoever, without the au15 thorization of the Foundation under subsection (g), uses

16 for purposes of trade, to induce the sale of any good or

17 service, to promote any commercial activity, or for other

18 commercial purpose, the name of the Foundation or any

19 trademark, tradename, sign, symbol, emblem, insignia,

20 logo, likeness, or slogan referred to in subsection (g), or

21 any facsimile or simulation thereof tending to cause confu22 sion, to cause mistake, to deceive, or to suggest falsely

23 that an individual, company, or particular good or service

24 is an official sponsor or official supporter of the National

25 Forest System or the Forest Service, shall be subject to
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1 suit in a civil action by the Foundation for the remedies

2 provided in title VI of the Act of July 5, 1946 (commonly

3 referred to as the Trademark Act of 1946; 15 U.S.C. 1114

4 et seq.).’’.

5 (f) REPORTING REQUIREMENTS.—Section 407 of the

6 National Forest Foundation Act (16 U.S.C. 583j–5) is

7 amended by adding at the end the following new sub8 section:

9 ‘‘(c) REPORT ON LICENSING ACTIVITIES.—Not later

10 than 5 years after the date of the enactment of this sub11 section, the Secretary shall submit to the Committee on

12 Resources of the House of Representatives and the Com13 mittee on Energy and Natural Resources of the Senate

14 a report assessing the cost, effectiveness, and effects of

15 the licensing and authorization program established pur16 suant to section 404(g). The report shall include a rec17 ommendation regarding the desirability of extending the

18 authority provided in such section beyond the expiration

19 date specified in paragraph (4) of such section and assess20 ments of the effect of such program on—

21 ‘‘(1) visitation levels in the National Forest

22 System;

23 ‘‘(2) the image of the National Forest System;

24 ‘‘(3) achievement of the needs and priorities of

25 the Forest Service;
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1 ‘‘(4) appropriations for the National Forest

2 System; and

3 ‘‘(5) the costs of the Foundation and the Sec4 retary to administer the program.’’.

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