I
105TH CONGRESS
1ST SESSION
H. R. 101
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 invest-
ment income, and to permit the Foundation to license the use of trade-
marks, 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
JANUARY 7, 1997
Mr. BAKER 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 sup-
porter of the Forest Service or the National Forest Sys-
tem.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Forest Foun-
dation Conservation Act’’.
SEC. 2. AMENDMENTS TO NATIONAL FOREST FOUNDATION
ACT.
(a) PROVISION
OF ADMINISTRATIVE SUPPORT.—
Subsection (c) of section 405 of the National Forest Foun-
dation Act (16 U.S.C. 583j–3) is amended to read as fol-
lows:
‘‘(c) ADMINISTRATIVE ASSISTANCE.—(1) Subject to
such limitations, terms, and conditions as the Secretary
may establish, the Secretary may—
‘‘(A) detail personnel of the Department of Ag-
riculture to assist the Foundation; and
‘‘(B) provide the Foundation with Department
of Agriculture facilities, equipment, supplies, and
other administrative services (including Government-
contracted transportation and travel services).
‘‘(2) Assistance under paragraph (1) may be provided
for partial or no reimbursement, as the Secretary consid-
ers appropriate.’’.
(b) MATCHING FUNDS.—
(1) EXTENSION AND EXPANSION OF AUTHOR-
ITY; SOURCE OF FUNDS.—Section 410 of the Na-
tional Forest Foundation Act (16 U.S.C. 583j–8) is
amended to read as follows:
‘‘SEC. 410. AVAILABILITY OF FUNDS TO MATCH FOUNDA-
TION CONTRIBUTIONS.
‘‘For the purposes of section 405 of this title, during
the five-year period beginning on October 1, 1997, the
Secretary may make available to the Foundation from
benefiting Forest Service appropriations up to $5,000,000
each fiscal year to match, on a one-for-one basis, private
contributions made to the Foundation.’’.
(2) CONFORMING AMENDMENTS.—Section 405
of the National Forest Foundation Act (16 U.S.C.
583j–3) is amended—
(A) by striking subsection (a);
(B) in subsection (b)—
(i) by striking ‘‘In addition to the
startup funds provided under subsection
(a) of this section, for’’ and inserting
‘‘For’’;
(ii) by striking ‘‘October 1, 1992,’’
and inserting ‘‘October 1, 1997,’’; and
(iii) by striking ‘‘section 410(b)’’ and
inserting ‘‘section 410’’; and
(C) by redesignating subsections (b) and
(c) as subsections (a) and (b), respectively.
(3) EFFECT
OF
AMENDMENTS.—The amend-
ments made by this subsection shall not affect the
availability or use of funds made available for fiscal
year 1997 under sections 405(b) and 410(b) of the
National Forest Foundation Act, as in effect on the
day before the date of the enactment of this Act.
(c) USE OF INTEREST AND OTHER INVESTMENT IN-
COME.—Section 404 of the National Forest Foundation
Act (16 U.S.C. 583j–2) is amended by adding at the end
the following new subsection:
‘‘(f) USE OF INTEREST AND OTHER INVESTMENT IN-
COME.—Interest and other investment income earned (be-
fore, on, or after the date of the enactment of this sub-
section) by the Foundation and its subgrantees on Federal
funds received from the Secretary under section 405, but
not immediately disbursed, may be used by the Founda-
tion to carry out the purposes of the Foundation under
section 402(b).’’.
(d) EXCEPTION FROM AUDIT REPORTING AND COM-
PLIANCE REQUIREMENTS.—Section 407(a) of the Na-
tional Forest Foundation Act (16 U.S.C. 583j–5(a)) is
amended by adding at the end the following new sentence:
‘‘A subgrantee of the Foundation shall be exempt from
the audit reporting and compliance requirements of Office
of Management and Budget Circular A–133 (or any suc-
cessor administrative regulation or policy) in the case of
grants of $250,000 or less.’’.
(e) LICENSING USE OF SYMBOLS; VIOLATIONS.—
Section 404 of the National Forest Foundation Act (16
U.S.C. 583j–2) is amended—
(1) in subsection (d)(3), by inserting ‘‘license,’’
after ‘‘lease,’’; and
(2) by inserting after subsection (f), as added
by subsection (c) of this section, the following new
subsections:
‘‘(g) LICENSING USE OF SYMBOLS.—(1) To further
the purposes of the Foundation under section 402(b), the
Foundation shall have exclusive authority to license or au-
thorize persons to use trademarks, tradenames, signs,
symbols, emblems, insignia, logos, likenesses, or slogans
to represent, promote, or advertise that an individual,
company, or particular good or service is an official spon-
sor or supporter of the Forest Service, the National Forest
System, or any unit thereof. Any license or authorization
provided by the Foundation under this paragraph shall be
subject to the prior written approval of the Secretary, who
may not delegate this authority.
‘‘(2) All net income derived from licenses and author-
izations provided under paragraph (1) shall be expended
by the Foundation in accordance with policies and prior-
ities of the Forest Service on programs, projects, or activi-
ties that benefit the National Forest System or the Forest
Service, as identified by the Secretary in consultation with
the Foundation.
‘‘(3) Nothing in this subsection shall affect the au-
thority of the Secretary under Public Law 93–318 (16
U.S.C. 580p et seq.) relating to the name and character
of ‘Smokey Bear’, and the name and character of ‘Woodsy
Owl’.
‘‘(4) The authority provided to the Foundation by
paragraph (1) shall expire on September 30, 2003.
‘‘(h) VIOLATION OF LICENSING REQUIREMENTS.—
Except as provided in subsection (g), no person may use
for commercial purposes any trademark, tradename, sign,
symbol, emblem, insignia, slogan, or related artistic design
belonging to the Forest Service. Whoever, without the au-
thorization of the Foundation under subsection (g), uses
for purposes of trade, to induce the sale of any good or
service, to promote any commercial activity, or for other
commercial purpose, the name of the Foundation or any
trademark, tradename, sign, symbol, emblem, insignia,
logo, likeness, or slogan referred to in subsection (g), or
any facsimile or simulation thereof tending to cause confu-
sion, to cause mistake, to deceive, or to suggest falsely
that an individual, company, or particular good or service
is an official sponsor or official supporter of the National
Forest System or the Forest Service, shall be subject to
suit in a civil action by the Foundation for the remedies
provided in title VI of the Act of July 5, 1946 (commonly
referred to as the Trademark Act of 1946; 15 U.S.C. 1114
et seq.).’’.
(f) REPORTING REQUIREMENTS.—Section 407 of the
National Forest Foundation Act (16 U.S.C. 583j–5) is
amended by adding at the end the following new sub-
section:
‘‘(c) REPORT ON LICENSING ACTIVITIES.—Not later
than 5 years after the date of the enactment of this sub-
section, the Secretary shall submit to the Committee on
Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate
a report assessing the cost, effectiveness, and effects of
the licensing and authorization program established pur-
suant to section 404(g). The report shall include a rec-
ommendation regarding the desirability of extending the
authority provided in such section beyond the expiration
date specified in paragraph (4) of such section and assess-
ments of the effect of such program on—
‘‘(1) visitation levels in the National Forest
System;
‘‘(2) the image of the National Forest System;
‘‘(3) achievement of the needs and priorities of
the Forest Service;
‘‘(4) appropriations for the National Forest
System; and
‘‘(5) the costs of the Foundation and the Sec-
retary to administer the program.’’.
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