I
106TH CONGRESS
2D SESSION
H. R. 4409
To amend the National Marine Sanctuaries Act to establish the National
Marine Sanctuary Foundation to accept and use donations for the benefit
of the National Marine Sanctuary System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 2000
Mr. SAXTON introduced the following bill; which was referred to the
Committee on Resources
A BILL
To amend the National Marine Sanctuaries Act to establish
the National Marine Sanctuary Foundation to accept
and use donations for the benefit of the National Marine
Sanctuary System, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF NATIONAL MARINE SANC-
TUARY FOUNDATION.
Title III of the National Marine Sanctuaries Act is
amended by adding at the end the following:
‘‘SEC. 317. NATIONAL MARINE SANCTUARY FOUNDATION.
‘‘(a) ESTABLISHMENT.—There is hereby established
a charitable and nonprofit corporation to be known as the
‘National Marine Sanctuary Foundation’ (in this section
referred to as the ‘Foundation’).
‘‘(b) OPERATION.—The Foundation shall be subject
to the laws of the District of Columbia that govern chari-
table and nonprofit corporations.
‘‘(c) BOARD.—
‘‘(1) IN GENERAL.—The National Marine Sanc-
tuary Foundation shall be under the direction of a
Board comprised of—
‘‘(A) at least 6, but not more than 14, pri-
vate citizens of the United States appointed by
the Secretary; and
‘‘(B) the Secretary and the Under Sec-
retary of Commerce for Oceans and Atmos-
phere, who shall be ex officio members.
‘‘(2) TERMS
OF
APPOINTED
MEMBERS.—(A)
Except as provided in subparagraphs (B) and (C),
the members of the Board appointed by the Sec-
retary shall serve a term of 6 years.
‘‘(B) Of the members initially appointed by the
Secretary, as specified by the Secretary at the time
of appointment—
‘‘(i) 2 shall serve a term of 4 years; and
‘‘(ii) 2 shall serve a term of 2 years.
‘‘(C) A member appointed to fill a vacancy oc-
curring prior to the expiration of the term for which
the predecessor was appointed shall be appointed
only for the remainder of that term.
‘‘(3) CHAIR.—The Board shall choose one of its
members to be the Chair of the Board. The mem-
bers of the Board appointed by the Secretary shall
not be considered to be employees of the United
States based on such membership.
‘‘(4) MEETINGS.—A majority of the members
of the Board serving shall constitute a quorum for
the transaction of business. The Board shall meet at
the call of the Chair. The Chair shall call at least
1 meeting each year.
‘‘(5) COMPENSATION.—Members of the Board
shall not receive any pay or benefits from the United
States for their services as members, but may be re-
imbursed by the Foundation for actual and nec-
essary traveling and subsistence expenses incurred
by them in the performance of their duties as such
members out of National Marine Sanctuary Founda-
tion funds available to the Board for such purposes.
‘‘(6) OFFICIAL
SEAL.—The Foundation shall
adopt an official seal, which shall be judicially no-
ticed.
‘‘(7) IMMUNITY.—The members of the Board
shall not be personally liable for their official actions
except for malfeasance.
‘‘(d) GIFTS, DEVISES, AND BEQUESTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Foundation may encourage, solicit,
accept, receive, hold, administer, and use any gift,
devise, or bequest, either absolutely or in trust, of
real or personal property, and any income therefrom
or other interest therein—
‘‘(A) for the benefit of the National Marine
Sanctuary System or any individual sanctuary;
and
‘‘(B) for activities that the Secretary deter-
mines will implement the final management
plan under section 304 for any sanctuary.
‘‘(2) LIMITATION.—The Foundation may not
accept any gift, devise, or bequest that is condi-
tioned on the making of any expenditure other than
from the resources of the Foundation, except ex-
penditures of matching funds under paragraph (5).
‘‘(3) ENCUMBERED
OR
RESTRICTED
DONA-
TIONS.—The Foundation may accept a gift, devise,
or bequest 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 Marine Sanctuary System
and activities that the Secretary determines will im-
plement a final management plan for a national ma-
rine sanctuary under section 304.
‘‘(4) USE OF CERTAIN GIFTS, DEVISES, AND
BEQUESTS.—The Foundation shall use any gift, de-
vise, or bequest made for the benefit of a particular
national marine sanctuary only for the benefit of
that sanctuary.
‘‘(5) MATCHING
AMOUNTS.—Subject to the
availability of appropriations, the Secretary may
transfer funds to the Foundation to match gifts, de-
vises, and bequests to the Foundation. With respect
to each gift, devise, or bequest, the amount of Fed-
eral funds provided under this paragraph may not
exceed the amount or fair market value of the gift,
devise, or bequest.
‘‘(6) TRANSFERS TO SECRETARY.—The Foun-
dation may transfer to the Secretary any gift, de-
vise, or bequest made to the Foundation to support
the National Marine Sanctuary System. Amounts
transferred to the Secretary may be used by the Sec-
retary, without further appropriation, in accordance
with the terms of the gift, devise, or bequest.
‘‘(e) PROPERTY
AND INCOME MANAGEMENT
AND
TRANSACTIONS.—
‘‘(1) IN
GENERAL.—Except as otherwise re-
quired by the instrument of transfer by which the
Foundation acquires property, the Foundation may
sell, lease, invest, reinvest, retain, manage, or other-
wise dispose of any property held by the Foundation,
or income thereof, as the Board may from time to
time determine.
‘‘(2) SERVICES OF FEDERAL AGENCIES.—The
Foundation may utilize the services and facilities of
any agency of the Department of Commerce, and
the head of such an agency may provide such serv-
ices and facilities to the Foundation on request by
the Board to the extent practicable without reim-
bursement therefor.
‘‘(f) LIABILITY OF UNITED STATES.—The United
States shall not be liable for any debts, defaults, acts, or
omissions of the Foundation.
‘‘(g) ANNUAL REPORTS TO CONGRESS.—The Foun-
dation shall, as soon as practicable after the end of each
fiscal year, transmit to the Congress an annual report of
its proceedings and activities, including a full and com-
plete statement of its receipts, expenditures, and invest-
ments.
‘‘(h) AUTHORIZATION AND USE OF NATIONAL MA-
RINE SANCTUARY SYMBOLS.—The Secretary may author-
ize the Foundation to conduct the following activities
under section 316:
‘‘(1) Solicit persons to be designated as official
sponsors of the national marine sanctuary program
or of any individual national marine sanctuary.
‘‘(2) Designate persons as official sponsors of
the national marine sanctuary program or of any in-
dividual sanctuary.
‘‘(3) Authorize the manufacture, reproduction,
or other use of any symbol published under section
316(a)(1), including the sale of items bearing such
a symbol, by official sponsors of the national marine
sanctuary program or of any individual national ma-
rine sanctuary.
‘‘(4) Create, market, and sell products to pro-
mote the National Marine Sanctuary System or any
individual national marine sanctuary, and to enter
into exclusive or nonexclusive agreements author-
effort with the Secretary to carry out the purposes and
policies of this title and to benefit a national marine sanc-
tuary or the System.’’.
Æ