To direct the Secretary of the Interior to convey all interest of the United States in a fish hatchery to the State of South Carolina.
PL 101-593 (H.R.3338), enacted 11/16/1990

104 STAT. 2954 
PUBLIC LAW 101-593—NOV. 16, 1990 
Nov. 16, 1990 
[H.R. 3338] 
Natural 
resources. 
Public Law 101-593 
101st Congress 
An Act 
To direct the Secretary of the Interior to convey all interest of the United States in a 
fish hatchery to the State of South Carolina, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—FISHERIES AND WILDLIFE PROVISIONS 
Massachusetts. 
West Virginia. 
Nomenclature. 
Appropriation 
authorization. 
SECTION 101. CONVEYANCE OF FISH HATCHERY. 
Notwithstanding any other provision of law and subject to section 
2, the Secretary of the Interior shall convey, without reimburse-
ment, to the State of South Carolina, all the right, title, and interest 
(including all water rights) of the United States in and to the fish 
hatchery property located approximately one and one-half miles 
southwest of the city limits of the city of Cheraw in Chesterfield 
County, South Carolina, commonly known as the "Cheraw State 
Fish Hatchery" and previously known as the "Cheraw National 
Fish Hatchery", consisting of 206.10 acres, more or less, of land 
together with any improvements and related personal property 
thereon. 
SEC. 102. REVERSIONARY INTEREST IN UNITED STATES. 
The property conveyed pursuant to this Act, including the pro-
ceeds from the sale of timber or other products, shall be used by the 
South Carolina Wildlife and Marine Resources Department as part 
of the South Carolina Fisheries Resource Management Program, 
and if it is used for any other purpose all right, title, and interest in 
and to such property shall revert to the United States. 
SEC. 103. ANADROMOUS FISH RESEARCH LABORATORY. 
The Northeast Anadromous Fish Research Laboratory located at 
Turners Falls, Massachusetts, shall be known and designated as the 
"Silvio O. Conte Anadromous Fish Research Center". 
SEC. 104. ESTABLISHMENT OF FISHERY RESOURCES. 
(a) The Secretary is authorized and directed to conduct a feasibil-
ity study on establishing a Federal fish hatchery in McDowell 
County, West Virginia. Conditioned upon the completion of the 
feasibility study and the location of a suitable site and water supply, 
the Secretary is authorized to construct a Federal fish hatchery as 
provided for in the feasibility study. The study shall be undertaken 
by the United States Fish and Wildlife Service in consultation with 
the State of West Virginia. 
Oa) If a fish hatchery is constructed in McDowell County, West 
Virginia, pursuant to subsection (a) of this section, the fish hatchery 
shall be known as the "Carl R. Sullivan National Fish Hatchery'. 
(c) There is hereby authorized to be appropriated the sum of 
$2,500,000 to carry out the provisions of this section. 
PUBLIC LAW 101-593—NOV. 16, 1990 
104 STAT. 2955 
SEC. 105. REDESIGNATION OF NATIONAL FISH AND WILDLIFE FORENSICS 
LABORATORY. 
(a) REDESIGNATION.—The United States Fish and Wildhfe Service 
facility located in Ashland, Oregon, and known as the National Fish 
and Wildlife Forensics Laboratory, is designated and shall be known 
as the "Clark R. Bavin National Fish and Wildlife Forensics 
Laboratory". 
(b) REFERENCES.—Any reference in a law, map, regulation, docu-
ment, paper, or other record of the United States to the National 
Fish and Wildlife Forensics Laboratory referred to in subsection (a) 
is deemed to be a reference to the "Clark R. Bavin National Fish 
and Wildlife Forensics Laboratory". 
SEC. 106. REAUTHORIZATION OF FISH AND WILDLIFE CONSERVATION 
ACT OF 1980. 
Section 11 of the Fish and Wildlife Conservation Act of 1980 (16 
U.S.C. 2910) is amended by striking "and 1990" and inserting "1990, 
1991, and 1992". 
SEC. 107. ESTABLISHMENT OF WALLKILL RIVER NATIONAL WILDLIFE 
REFUGE. 
(a) SHORT TITLE.—This section may be cited as the "Wallkill River 
National Wildlife Refuge Act". 
0)) FINDINGS.—The Congress finds that— 
(1) the Wallkill River and associated riverine wetland habitat 
dividing the townships of Hardyston, Wantage, and Vernon, 
New Jersey, has been identified £is one of the few high-quality 
waterfowl concentration areas remaining in the northwestern 
portion of the State and a valuable wildlife habitat used by a 
variety of migratory birds including waterfowl, raptors, pas-
serines, £ind marsh and water birds; 
(2) the Wallkill River area— 
(A) provides a migratory and nesting habitat for Atlantic 
Flyway migratory black duck populations; 
(B) has been identified by the United States Fish and 
Wildlife Service as an important black duck habitat; and 
(C) is a high priority of the North American Waterfowl 
Management Plan; 
(3) the Wallkill River area is home to several New Jersey 
State-listed rare and endangered plant and animal species; and 
(4) designation of the Wallkill River area as a national wild-
life refuge would significantly aid to the conservation of wildlife 
and other natural resources. 
(c) DEFINITIONS.—For the purposes of this Act— 
(1) the term "refuge" means the Wallkill River National 
Wildlife Refuge; 
(2) the term "Secretary" means the Secretary of the Interior; 
and 
(3) the term "selection area" means the lands, wetlands, and 
waters of the Wallkill River in the State of New Jersey. 
(d) EsTABUSHMENT OF REFUGE.—(1) The Secretary is authorized to 
acquire approximately 7,500 acres of lands and waters, as depicted 
upon a map entitled "Wallkill River National Wildlife Refuge", 
dated March 1990, and available for inspection in appropriate offices 
of the United States Fish and Wildlife Service in the State of New 
Jersey and elsewhere. 
Oregon. 
Wallkill River 
National 
Wildlife Refuge 
Act. 
New Jersey. 
16 use 668dd 
note. 
104 STAT. 2956 
PUBLIC LAW 101-593—NOV. 16, 1990 
Federal 
R^^ter, 
publication. 
16 use 668<id 
note. 
(2) The Secretary may make such minor revisions in the bound-
aries designated under subsection (a) as may be appropriate to carry 
out this Act or to facilitate the acquisition of property within the 
refuge. 
(3) The Secretary shall establish the refuge by publication of a 
notice in the Federal Register and publications of local circulation 
when sufficient property has been acquired within the boundary of 
the refuge to constitute an area that can be effectively managed as a 
national wildlife refuge. 
(e) PURPOSES.—The primary purposes for which the refuge is 
established are— 
(1) to preserve and enhance the refuge's lands and waters in a 
manner that will conserve the natural diversity of fish, wildlife, 
plants, and their habitats for present and future generations; 
(2) to conserve and enhance populations of fish, wildlife, and 
plants within the refuge, including populations of black ducks 
and other waterfowl, raptors, passerines, and marsh and water 
birds; 
(3) to protect and enhance the water quality of aquatic habi-
tats within the refuge; 
(4) to fulfill international treaty obligations of the United 
States with respect to fish and wildlife and their habitats; and 
(5) to provide opportunities for compatible scientific research, 
environmental education, and fish and wildlife-oriented recre-
ation. 
(f) ADMINISTRATION.—(1) The Secretary shall administer all lands, 
waters, and interests therein acquired under this Act in accordance 
with the National Wildlife Refuge System Administration Act of 
1966 (16 U.S.C. 668dd et seq.). 
(2) The Secretary may utilize such other statutory authority as is 
available to the Secretary for the conservation and development of 
wildlife and natural resources, the development of recreational 
opportunities, and interpretive education, as the Secretary considers 
appropriate to carry out this Act. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the Department of the Interior— 
(1) such sums as are necessary for the acquisition of lands and 
waters designated pursuant to section 4(a); and 
(2) such sums as are necessary for the development, operation, 
and maintenance of the refuge. 
SEC. 108. ESTABLISHMENT OF BAYOU COCODRIE NATIONAL WILDLIFE 
REFUGE. 
(a) FINDINGS.—The Congress finds that— 
(1) thousands of acres of bottomland hardwoods are being 
cleared each year in the Mississippi River Delta; 
(2) these forested wetlands represent one of the most valuable 
and productive wildlife habitat types in the United States, and 
have extremely high recreational value for hunters, fishermen, 
birdwatchers, nature photographers, and others; 
(3) the Bayou Cocodrie area is a bottomland hardwood swamp 
which borders over one hundred and fifty species of birds and 
many other types of wildlife, including several species threat-
ened with extinction, such as the Louisiana population of black 
bears; 
PUBLIC LAW 101-593—NOV. 16, 1990 
104 STAT. 2957 
(4) the Bayou Cocodrie area includes some of the least 
disturbed bottomland hardwood forest in the Southeast and 
significantly contributes to the biodiversity in the region; 
(5) similar habitat located elsewhere is threatened by disrup-
tive practices and/or conversion to other uses; and 
(6) this area is deserving of inclusion in the National Wildlife 
Refuge System. 
(b) DEFINITIONS.—For the purposes of this Act— 
(1) the term "refuge" means the Bayou Cocodrie National 
Wildlife Refuge; and 
(2) the term "Secretary" means the Secretary of the Interior, 
acting through the United States Fish and Wildlife Service. 
(c) ESTABLISHMENT OF THE REFUGE.—(1) The 
Secretary is 
au-
thorized and directed to acquire approximately eighteen thousand 
acres of lands and waters, as depicted upon a map entitled "Bayou 
Cocodrie National Wildlife Refuge", dated February 1990 and avail-
able for inspection in appropriate offices of the United States Fish 
and Wildlife Service. 
(2) The Secretary may make such minor adjustments in the 
boundaries designated under subsection (a) as may be appropriate to 
facilitate acquisition of property within the refuge or to otherwise 
carry out the purposes of this Act. 
(3) When sufficient property within the boundaries has been 
acquired to constitute an area that can be effectively managed as a 
refuge, the Secretary shall establish the refuge by publishing a 
notice to that effect in the Federal Register. 
(d) REFUGE PURPOSE.—The Bayou Cocodrie National Wildlife 
Refuge is established and shall be managed for the purposes of^ 
(1) conservation and enhancement of wetlands; 
(2) general wildlife management as a unit of the National 
Wildlife Refuge System, including management for migratory 
birds; and 
(3) fish and wildlife-oriented recreational activities. 
(e) ADMINISTRATION.—(1) The Secretary shall administer all lands, 
waters, and interests therein acquired under this Act in accordance 
with the provisions of the National Wildlife Refuge System Adminis-
tration Act of 1966 (16 U.S.C. 668dd-668ee). 
(2) The Secretary may utilize such additional statutory authority 
as may be available to him for conservation and development of 
wildlife and natural resources, water supplies and water control 
structures, outdoor recreational activities, including hunting and 
fishing, and interpretive education as he deems appropriate to carry 
out this Act. 
(3) In managing the refuge, the Secretary shall manage an 
amount of refuge woodlands as a contiguous mature forest sufficient 
to benefit the species of passerine birds that occupy this type of 
habitat. The Secretary shall give special consideration to accom-
plishing this objective through use of his current authority, includ-
ing his authority to establish Research Natural Areas within the 
refuge. 
(4) The Secretary shall permit access to, and the development of, 
reserved non-Federal mineral interests within the refuge. Any such 
access and development shall be carried out only in accordance with 
a special use permit issued by the Secretary which contains such 
economically reasonable terms and conditions as deemed nec-
essary— 
Federal 
Register, 
publication. 
Surface mining. 
-194 O - 91 - 21 : QL 3 Part 4 
104 STAT. 2958 
PUBLIC LAW 101-593—NOV. 16, 1990 
(A) to protect the fish and wildlife resources of, and their 
habitat in, the affected refuge from any significant adverse 
effects; and 
(B) to minimize, to the maximum extent possible, any adverse 
effects upon such resources and their habitat. Any term or 
condition imposed by the Secretary under this subsection is in 
addition to any other requirement that is imposed under other 
applicable Federal or State law. 
The special use permit is not intended to unreasonably restrain 
established or future oil and gas exploration, development and 
production activities or to result in the taking of property interests 
of the non-Federal owner. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated such sums as may be necessary to carry out the 
purposes of this Act. 
National forests. 
SEC. 109. TRANSFER OF LANDS. 
(a) REMOVAL FROM NATIONAL WILDLIFE REFUGE.—Pursuant to the 
requirements of section 4(a)(3) of the National Wildlife Refuge 
System Administration Act of 1966 (16 U.S.C. 668dd(a)(3)), the 
approximately 44,550 acres of land designated the Carolina 
Sandhills Wildlife Management Area and known as the Sand Hills 
State Forest, as described in Executive Order Numbered 8510, dated 
August 8, 1940, are hereby removed from the National Wildlife 
Refuge System. 
(b) TRANSFER OF LANDS.—Subject to the terms and conditions set 
forth in subsection (f), the Secretary of the Interior is authorized and 
directed to transfer the title, rights, and interest to the lands 
identified in subsection (a) of this section to the South Carolina 
Commission of Forestry, an agency of the State of South Carolina, 
for use of public purposes as a multiple use State forest providing 
sustained yield production of forest products, public recreation, 
wildlife benefits, and demonstration and education projects by the 
South Carolina Commission of Forestry. 
(c) RIGHT OF REVERSION.—If— 
(1) the Secretary determines that the South Carolina Commis-
sion of Forestry is not in compliance with any of such terms and 
conditions of transfer; 
(2) at any time the land ceases to be used for public purposes 
(except as provided in subsection (d) of this section); or 
(3) the South Carolina Commission of Forestry no longer 
desires to own or operate the Sand Hills State Forest, the land 
transferred pursuant to subsection (b) of this section shall revert 
to the United States, to be managed as part of the National 
Wildlife Refuge System. 
(d) ACQUISITION OF ADDITIONAL LANDS.—(1) Subject to the provi-
sions of paragraph (2) of this subsection, the South Carolina 
Commission of Forestry may acquire tracts of land within or adja-
cent to the boundaries of the transferred land by exchange or sale of 
parcels of transferred land, with the proceeds of any such sale being 
designated for such acquisition. 
(2) The acquisition authorized by paragraph (1) of this subsection 
shall be subject to the following conditions: 
(A) The South Carolina Commission of Forestry shall provide 
notification to the United States Fish and Wildlife Service prior 
to any such acquisition. 
PUBLIC LAW 101-593—NOV. 16, 1990 
104 STAT. 2959 
(B) The South Carolina Commission of Forestry has deter-
mined prior to such acquisition that such acquisition is in the 
best interest of the public purposes of the State of South Caro-
lina and is necessary in order to facilitate efficient management 
and administration of the Sand Hills State Forest area. 
(e) REPEAL OF EXECUTIVE ORDER.—Executive Order Numbered 
8510, dated August 8, 1940, is repealed as of the date the lands 
identified in subsection (a) of this section are transferred to the 
South Carolina Commission of Forestry. 
(f) TERMS AND CONDITIONS.—The transfer of lands authorized in 
subsection (h) of this section shall be conditioned upon the South 
Carolina Commission of Forestry— 
(1) managing the transferred lands for the benefit of such 
endangered and threatened species of plants or animals which 
may be present there, and particularly in accordance with the 
objectives of the Recovery Plan for the Red Cockaded Wood-
pecker, and any amendments to such plan; 
(2) consulting with the United States Fish and Wildlife 
Service regarding the impacts of its management practices upon 
endangered and threatened species in the transferred lands 
under the provisions of section 7(a)(2) of the Endangered Species 
Act (16 U.S.C. 1531 et seq.), as if the South Carolina Commission 
of Forestry were a Federal agency; 
(3) entering into and abiding by an agreement with the 
United States Fish and Wildlife Service to provide to the Caro-
lina Sandhills National Wildlife Refuge at no cost— 
(A) basic forest 
fire protection services 
(including 
presuppression, detection, and initial attack of wildfires) for 
a period of 50 years from the date of transfer subject to the 
condition that the United States shall pay the South Caro-
lina Commission of Forestry the actual costs of any wildfire 
suppression activities after a 12-hour period from the initial 
attack on the fire; 
(B) prescribed burning services as requested, up to a 
maximum of 5,000 acres annually, for a period of 5 years 
from the date of transfer, subject to smoke management 
and other related regulations in effect at the time of the 
request, and contingent upon the South Carolina Commis-
sion of Forestry retaining the legal and physical capability 
to perform the service; and 
(C) reforestation services for converting approximately 
2,300 acres of slash pine plantation to more desirable spe-
cies, as determined by the Refuge, in approximately equal 
installments over a period not to exceed 10 years from the 
date of transfer. 
SEC. no. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT 
ACT AMENDMENTS OF 1990. 
(a) SHORT TITLE.—This section may be cited as the "National Fish 
and Wildlife Foundation Establishment Act Amendments of 1990". 
0)) ELIMINATION OF CAP ON SALARIES.—Section 3(g)(2)(A) of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3702(gX2)(A)) is amended by striking "rates, except that no individ-
ual so appointed may receive pay in excess of the annual rate of 
basic pay in effect for grade GS-18 of the General Schedule.", and 
inserting "rates.". 
3 CFR, 1938-
1943 Comp., 
p. 697. 
Government 
contracts. 
Fire prevention. 
Forests and 
forest products. 
National Fish 
and WUdlife 
Foundation 
Establishment 
Act 
Amendments of 
1990. 
16 u s e 3701 
note. 
104 STAT. 2960 
PUBLIC LAW 101-593—NOV. 16, 1990 
New England 
Fishery 
Resources 
Restoration Act 
of 1990. 
16 u s e 777e-l. 
Inter-
governmental 
relations. 
Reports. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 10 of the 
Na-
tional Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3709) is amended to read as follows: 
"SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
"(a) AUTHORIZATION.—There are authorized to be appropriated to 
the Department of the Interior not to exceed $15,000,000 for fiscal 
year 1991, not to exceed $20,000,000 for fiscal year 1992, and not to 
exceed $25,000,000 for fiscal year 1993. 
"(b) USE OF AMOUNTS APPROPRIATED.—(1) Subject to paragraphs (2) 
and (3), amounts appropriated under this section shall be made 
available to the Foundation for use for matching, in whole or in 
part, contributions (whether in currency, services, or property) made 
to the Foundation by private persons and State and local govern-
ment agencies. 
"(2) No Federal funds authorized under this section shall be used 
by the Foundation for administrative expenses of the Foundation, 
including for salaries, travel and transportation expenses, and other 
overhead expenses.". 
SEC. 111. NEW ENGLAND FISHERY RESOURCES RESTORATION ACT OF 
1990. 
(a) SHORT TITLE.—This section may be cited as the "New England 
Fishery Resources Restoration Act of 1990". 
(b) PURPOSES.—The purposes of this Act are to— 
(1) ensure timely and effective implementation of restoration 
plans and programs for Atlantic salmon and other fishery 
resources of selected river systems in New England; 
(2) complete a study of fish passage impediments and require-
ments on small streams and rivers in New England; and 
(3) develop an inventory of important fish and wildlife habitat 
and other natural areas of river basins in New England. 
(c) IMPLEMENTATION OF FISHERY RESOURCE RESTORATION PLANS.— 
The Director of the United States Fish and Wildlife Service, herein-
after referred to as the Director, in consultation with the Assistant 
Administrator 
for 
Fisheries 
of the 
National 
Oceanic 
and 
Atmospheric Administration shall formulate, establish and imple-
ment programs to restore and maintain nationally significant, 
interjurisdictional fishery resources originating in New England 
river systems, including the Connecticut, Thames, Pawcatuck, 
Merrimack, Saco, Androscoggin, Kennebec, Sheepscot, Duck Trap, 
St. George, Penobscot, Union, Narraguagus, Pleasant, Machias, 
Dennys, St. Croix, Meduxnekeag and Aroostock and their tribu-
taries. These programs shall be in accordance with the schedule and 
responsibilities established in comprehensive basin-wide restoration 
plans prepared by the Director in cooperation with State, local, and 
other entities involved and interested in the conservation and 
management of the affected fishery resources. Preparation and 
periodic revision of restoration plans, and their implementation, 
shall be based on a Memorandum of Agreement for each restoration 
program which shall be entered into by the Director and cooperat-
ing entities. The Director shall prepare and submit to the House 
Committee on Merchant Marine and Fisheries and the Senate 
Committee on Environment and Public Works an annual report 
documenting activities undertaken and accomplishments achieved 
in fulfillment of this section, including an assessment of the progno-
sis for restoration of each of the stocks and species involved. 
PUBLIC LAW 101-593—NOV. 16, 1990 
104 STAT. 2961 
(d) FISH PASSAGE STUDY.—The Director shall conduct a study to 
identify impediments to upstream and downstream passage of fish 
in rivers and streams in the New England States due to dams that 
are not licensed by the Federal Energy Regulatory Commission or 
other human-caused obstructions. In addition, the study shall iden-
tify actions needed to alleviate those impediments where desirable 
and feasible. The study shall include, but not be limited to, identify-
ing— 
(1) all dams not licensed by the Federal Energy Regulatory 
Commission and other human-caused obstructions on New Eng-
land rivers and streams where construction of upstream or 
downstream fish passage facilities or their removal would bene-
fit fishery resources, including an estimate of the degree of 
benefits expected; and 
(2) the proposed nature and size and estimated cost of appro-
priate fish passage facilities or other actions determined to be 
necessary and feasible or each dam or other obstruction identi-
fied in response to paragraph (1). 
The Director shall provide notice to the public of the extent and 
nature of the study by publication of such information in major 
newspapers in the region and by other appropriate means. Within 
three years of the date of enactment of this Act, the Director shall 
submit a report containing the findings, conclusions and rec-
ommendations of the study to the House Committee on Merchant 
Marine and Fisheries and the Senate Committee on Environment 
and Public Works. 
(e) NEW ENGLAND RIVERS FISH AND WILDLIFE INVENTORY.—The 
Director shall inventory the natural values of river basins in New 
England, including the Connecticut, Pawcatuck, Acushnet, North 
and 
South 
(in 
Plymouth 
County, 
Massachusetts), 
Charles, 
Merrimack, Saco, Androscoggin, Kennebec, Penobscot, Union, St. 
Croix, and Aroostock Rivers and their tributaries, and identify fish 
and wildlife habitat in most need of protection or where public 
access to the rivers should be provided. In addition, the Director 
shall, in cooperation with appropriate State agencies and local 
governments and after providing notice and opportunity for public 
comment, identify appropriate public or private measures for 
providing the necessary protection or access for each area included 
in the inventory. Within two years of the date of enactment of this 
Act, the Director shall submit a report containing the findings, 
conclusions, and recommendations of the inventory and assessment 
to the House Committee on Merchant Marine and Fisheries and the 
Senate Committee on Environment and Public Works. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the Director— 
(1) $5,000,000 per year for fiscal years 1991, 1992, 1993, 1994, 
and 1995 to implement fishery resource restoration plans and 
programs, except for activities related to the design and 
construction of fish passage facilities, as directed by subsection 
(0; 
(2) $500,000 per year for fiscal years 1991, 1992, and 1993 to 
conduct the study required under subsection (d); and 
(3) $500,000 to conduct the inventory and assessment required 
under section (e). 
Public 
information. 
Reports. 
Inter-
governmental 
relations. 
Public 
information. 
Reports. 
104 STAT. 2962 
PUBLIC LAW 101-593—NOV. 16, 1990 
SEC. 112. NORTH AMERICAN WETLANDS CONSERVATION ACT AMEND-
MENTS. 
The North American Wetlands Conservation Act (PubUc Law 
101-233) is amended— 
16 use 4403. 
(1) in section 4(a)(1)(A) by inserting after "Service" and before 
the period ", who shall be the responsible Federal official for 
ensuring Council compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.)"; 
(2) in section 4(a)(1) by adding at the end thereof the following 
sentence: "The provisions of Public Law 92-463, as amended, 
shall not apply to the Council."; 
(3) in section 4(f) by inserting after "public" and before the 
period ", and the Chairman shall take appropriate steps to 
provide adequate notice to the public of the time and place of 
such meetings"; and 
16 use 4404. 
(4) in section 5(b) by adding at the end thereof the following 
new sentence: 
"Solely for the purpose of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), recommendations by the Council for 
carrying out wetlands conservation projects under section 6(a) of 
this Act shall be considered Federal actions requiring the prepara-
tion of environmental assessments or, where appropriate, environ-
mental impact statements.". 
SEC. 113. TENSAS RIVER NATIONAL WILDLIFE REFUGE. 
"The final paragraph of the portion of Chapter IV providing 
supplemental appropriations for the Corps of Engineers, Depart-
ment of the Army, of Public Law 98-63, (97 Stat. 314) is amended by 
inserting at the end thereof: ", or acquired by any person since 
June 28,1980.". 
Pollution 
TITLE II—ENVIRONMENTAL ENFORCEMENT 
Prosecution Act 
42 use 4321 
^^^' ^^^' ^^^^'^ TITLE. 
note. 
This title may be cited as the "Pollution Prosecution Act of 1990". 
SEC. 202. EPA OFFICE OF CRIMINAL INVESTIGATION. 
(a) The Administrator of the Environmental Protection Agency 
(hereinafter referred to as the "Administrator") shall increase the 
number of criminal investigators Eissigned to the Office of Criminal 
Investigations by such numbers £is may be necessary to assure that 
the number of criminal investigators assigned to the office— 
(1) for the period October 1,1991, through September 30,1992, 
is not less than 72; 
(2) for the period October 1,1992, through September 30,1993, 
is not less than 110; 
(3) for the period October 1,1993, through September 30, 1994, 
is not less than 123; 
(4) for the period October 1,1994, through September 30,1995, 
is not less than 160; 
(5) beginning October 1,1995, is not less than 200. 
(b) For fiscal year 1991 and in each of the following 4 fiscal years, 
the Administrator shall, during each such fiscal year, provide 
increasing numbers of additional support staff to the Office of 
Criminal Investigations. 
Reports. 
(c) The head of the Office of Criminal Investigations shall be a 
position in the competitive service as defined in 2102 of title 5 U.S.C. 
PUBLIC LAW 101-593-NOV. 16,1990 
104 STAT. 2963 
or a career reserve position as defined in 3132(A) of title 5 U.S.C. and 
the head of such office shall report directly, without intervening 
review or approval, to the Assistant Administrator for Enforcement. 
SEC. 203. CIVIL INVESTIGATORS. 
The Administrator, as soon as practicable following the date of the 
enactment of this Act, but no later than September 30, 1991, shall 
increase by fifty the number of civil investigators assigned to assist 
the Office of Enforcement in developing and prosecuting civil and 
administrative actions and carrjdng out its other functions. 
SEC. 204. NATIONAL TRAINING INSTITUTE. 
The Administrator shall, as soon as practicable but no later than 
September 30, 1991 establish within the Office of Enforcement the 
National Enforcement Training Institute. It shall be the function of 
the Institute, among others, to train Federal, State, and local law-
yers, inspectors, civil and criminal investigators, and technical ex-
perts in the enforcement of the Nation's environmental laws. 
SEC. 205. AUTHORIZATION. 
For the purposes of carrying out the provisions of this Act, there is 
authorized to be appropriated to the Environmental Protection 
Agency $13,000,000 for fiscal year 1991, $18,000,000 for fiscal year 
1992, $20,000,000 for fiscal year 1993, $26,000,000 for fiscal year 1994, 
and $33,000,000 for fiscal year 1995. 
TITLE III—REGIONAL MARINE RESEARCH PROGRAMS 
SEC. 301. REGIONAL MARINE RESEARCH PROGRAMS. 
The Marine Protection, Research and Sanctuaries Act (33 U.S.C 
1401 et seq.) is amended by adding at the end thereof the following 
new title: 
"TITLE IV—REGIONAL MARINE RESEARCH PROGRAMS 
Establishment. 
PURPOSES 
"SEC. 401. The purpose of this title is to establish regional re-
search programs, under effective Federal oversight, to— 
' (1) set priorities for regional marine and coastal research in 
support of efforts to safeguard the water quality and ecosystem 
health of each region; and 
"(2) carry out such research through grants and improved 
coordination. 
"DEFINITIONS 
"SEC. 402. As used in this title, the term— 
"(1) 'Board' means any Regional Marine Research board 
established pursuant to section 403(a); 
"(2) 'Federal agency' means any department, agency, or other 
instrumentality of the Federal Government, including any 
independent agency or establishment of the Federal Govern-
ment and any government corporation; 
"(3) 'local government' means any city, town, borough, 
county, parish, district, or other public body which is a political 
subdivision of a State and which is created pursuant to State 
law; 
16 u s e 1447. 
16 u s e 1447a. 
104 STAT. 2964 
PUBLIC LAW 101-593—NOV. 16, 1990 
"(4) 'marine and coastal waters' means estuaries, waters of 
the estuarine zone, including wetlands, any other waters sea-
ward of the historic height of tidal influence, the territorial 
seas, the contiguous zone, and the ocean; 
"(5) 'nonprofit organization' means any organization, associa-
tion, or institution described in section 501(c)(3) of the Internal 
Revenue Code of 1954 which is exempt from taxation pursuant 
to section 501(a) of such Code; 
"(6) 'region' means 1 of the 9 regions described in section 
403(a); and 
"(7) 'State' means a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern 
Mariana Islands. 
State listing. 
"REGIONAL MARINE RESEARCH BOARDS 
16 use 1447b. 
"SEC. 403. (a) ESTABUSHMENT.—A Regional Marine Research 
board shall be established for each of the following regions: 
"(1) the Gulf of Maine region, comprised of the marine and 
coastal waters off the State of Maine, New Hampshire, and 
Massachusetts (north of Cape Cod); 
"(2) the greater New York bight region, comprised of the 
marine and coastal waters off the States of Massachusetts 
(south of Cape Cod), Rhode Island, Connecticut, New York, and 
New Jersey, from Cape Cod to Cape May; 
"(3) the mid-Atlantic region, comprised of the marine and 
coastal waters off the States of New Jersey, Delaware, Mary-
land, Virginia, and North Carolina, from Cape May to Cape 
Fear; 
"(4) the South Atlantic region, comprised of the marine and 
coastal waters off the States of North Carolina, South Carolina, 
Georgia, and Florida, from Cape Fear to the Florida Keys, 
including the marine and coastal waters off Puerto Rico and the 
United States Virgin Islands; 
"(5) the Gulf of Mexico region, comprised of the marine and 
coastal waters off the States of Florida, Alabama, Mississippi, 
Louisiana, and Texas, along the Gulf coast from the Florida 
Keys to the Mexican border; 
"(6) the California region, comprised of the marine and 
coastal waters off the State of California, from Point Reyes to 
the Mexican border; 
"(7) the North Pacific region, comprised of the marine and 
coastal waters off the States of California, Oregon, and 
Washington, from Point Reyes to the Canadian border; 
"(8) the Alaska region, comprised of the marine and coastal 
waters off the State of Alaska; and 
"(9) insular Pacific region, comprised of the marine and 
coastal waters off the State of Hawaii, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands. 
The Great Lakes Research Office authorized under section 118(d) of 
the Federal Water Pollution Control Act (33 U.S.C. 1268(d)) shall be 
responsible for research in the Great Lakes region and shall be 
considered the Great Lakes counterpart to the research program 
established pursuant to this title. 
"(b) MEMBERSHIP.— 
"(1) COMPOSITION.—Each Board shall be comprised of 11 mem-
bers of which— 
PUBLIC LAW 101-593—NOV. 16, 1990 
104 STAT. 2965 
"(A) 3 members shall be appointed by the Administrator 
of the National Oceanic and Atmospheric Administration, 
including 1 member who shall be a Sea Grant Program 
Director from a State within such region, who shall serve as 
chairman of the board; 
"(B) 2 members shall be appointed by the Administrator 
of the Environmental Protection Agency; and 
"(C) 6 members shall be appointed by Governors of States 
located within the region. 
"(2) QuAUFiCATiONS.—Each individual 
appointed 
£is a 
memlDer of a Board shall possess expertise, pertinent to the 
region concerned, in scientific research, coastal zone manage-
ment, fishery management, water quality management. State 
and local government, or any other area which is directly 
relevant to the functions of the Board. A majority of the mem-
bers of each Board shall be trained in a field of marine or 
aquatic science and shall be currently engaged in research or 
research administration. 
"(3) TERMS.—Each appointed member of a Board shall serve 
for a term of 4 years. 
"(4) VACANCIES.—In the event of a vacancy, a replacement 
member shall be appointed in the same manner and in accord-
ance with the same requirements as the member being replaced 
and shall serve the remainder of the term of the replaced 
member. 
"(5) REIMBURSEMENT OF EXPENSES.—Each appointed member 
of a Board may be paid actual travel expenses, and per diem in 
lieu of subsistence expenses when away from the member's 
usual place of residence, in accordance with section 5703 of title 
5, United States Code, when engaged in the actual performance 
of Board duties. 
"(c) FUNCTIONS.—Each Board shall, in accordance with the provi-
sions of this title— 
"(1) develop and submit to the Administrators of the National 
Oceanic and Atmospheric Administration and the Environ-
mental Protection Agency a marine research plan, including 
periodic amendments thereto, that meets the requirements of 
section 404; 
"(2) provide a forum for coordinating research among re-
search institutions and agencies; 
"(3) provide for review and comment on research plans by 
affected users and interests, such as the commercial and rec-
reational fishing industries, other marine industries. State and 
local government entities, and environmental organizations; 
"(4) ensure that the highest quality of research projects will 
be conducted to carry out the comprehensive plan; and 
"(5) prepare, for submission to Congress, a periodic report on 
Reports, 
the marine environmental research issues and activities within 
the region in accordance with section 406 of this title. 
"(d) POWERS.—Each Board shall be authorized to— 
"(1) cooperate with Federal agencies, with States and with 
local government entities, interstate and regional agencies, 
other public agencies and authorities, nonprofit institutions, 
laboratories, and organizations, or other appropriate persons, in 
the preparation and support of marine research in the region; 
"(2) enter into contracts, cooperative agreements or grants to 
State and local governmental entities, other public agencies or 
104 STAT. 2966 
PUBLIC LAW 101-593—NOV. 16, 1990 
institutions, and non-profit institutions and organizations for 
purposes of carrying out the provisions of this title; 
"(3) collect and make available through publications and 
other appropriate means, the results of, and other information 
pertaining to, the research conducted in the region; 
"(4) call conferences on regional marine research and assess-
ment issues, giving opportunity for interested persons to be 
heard and present papers at such conferences; 
"(5) develop and stimulate, in consultation with the Depart-
ment of State, joint marine research projects with foreign 
nations; 
"(6) utilize facilities and personnel of existing Federal agen-
cies, including scientific laboratories and research facilities; 
"(7) accept, and for all general purposes of this Act, utilize 
funds from other sources, including but not limited to State and 
local funds, university funds, and donations; and 
"(8) acquire secret processes, inventions, patent applications, 
patents, licenses, and property rights, by purchase, license, 
lease, or donation. 
"(e) ADMINISTRATION.— 
"(1) PRACTICES AND PROCEDURES.—Each Board shall determine 
its organization, and prescribe its practices and procedures for 
carrying out its functions under this title. Each Board should 
use existing research administrative capability to the extent 
practicable. 
"(2) COMMITTEES AND SUBCOMMITTEES.—Each Board shall 
establish such committees and subcommittees as are appro-
priate in the performance of its functions. 
"(3) STAFF AND SUPPORT.—Each Board is authorized to hire 
such staff as are necessary to carry out the functions of the 
Board. 
"(f) TERMINATION.—Each Board shall cease to exist on October 1, 
1999, unless extended by Congress. 
"REGIONAL RESEARCH PLANS 
16 use 1447c. 
"SEC. 404. (a) DEVELOPMENT AND AMENDMENT OF REGIONAL 
PLANS.— 
"(1) IN GENERAL.—Each Board shall develop a comprehensive 
4-year marine research plan for the region for which the Board 
is responsible, and shall amend the plan at such times as the 
Board considers necessary to reflect changing conditions, but no 
less frequently than once every 4 years. 
"(2) REVIEW AND CONSIDERATION OF NATIONAL PLAN.—In the 
development and amendment of its research plan, the Board 
shall consider findings and recommendations of the national 
plan developed pursuant to the National Ocean Pollution Plan-
ning Act of 1978 (33 U.S.C. 1701 et seq.). 
"(b) CONTENTS OF PLAN.—Such marine research plan shall 
include— 
"(1) an overview of the environmental quality conditions in 
the coastal and marine waters of the region and expected trends 
in these conditions; 
"(2) a comprehensive inventory and description of all marine 
research related to water quality and ecosystem health expected 
to be conducted in the region during the 4-year term of the 
research plan; 
PUBLIC LAW 101-593—NOV. 16, 1990 
104 STAT. 2967 
"(3) a statement and explanation of the marine research 
needs and priorities applicable to the marine and coastal waters 
of the region over the upcoming 10-year period with emphasis 
on the upcoming 3-to-5 year period; 
"(4) an assessment of how the plan will incorporate existing 
marine, coastal, and estuarine research and management in the 
region, including activities pursuant to section 320 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1330) and section 
315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1461); and 
"(5) a general description of marine research and monitoring 
objectives and timetables for achievement through the funding 
of projects under this title during the 4-year period covered by 
the plan so as to meet the priorities specified in the plan in 
accordance with paragraph (3). 
"(c) PLAN REVIEW AND APPROVAL.— 
"(1) IN GENERAL.—When a Board has developed a marine 
research plan, including amendments thereto, the Board shall 
submit the plan to the Administrator of the National Oceanic 
and Atmospheric Administration and the Administration of the 
Environmental Protection Agency, who shall jointly determine 
whether the plan meets the requirements of subsection (b). 
"(2) TIME FOR APPROVAL OR DISAPPROVAL.—The Administrator 
of the National Oceanic and Atmospheric Administration and 
the Administrator of the Environmental Protection Agency, 
shall jointly approve or disapprove such research plan within 
120 days after receiving the plan. 
"(3) ACTION AFTER DISAPPROVAL.—In the case of disapproval of 
such research plan, the Administrator of the National Oceanic 
and Atmospheric Administration and the Administrator of the 
Environmental Protection Agency shall jointly notify the appro-
priate Board in writing, stating in detail the revisions necessary 
to obtain approval of the plan. Such Administrators shall ap-
prove or disapprove the revised plan within 90 days after 
receiving the revised plan from the Board. 
"RESEARCH GRANT PROGRAM 
"SEC. 405. (a) PROGRAM ADMINISTRATION.—The Administrator of 
16 use I447d. 
the National Oceanic and Atmospheric Administration shall admin-
ister a grant program to support the administrative functions of 
each Board. 
"(b) RESEARCH GRANTS.—(1) Each Board may annually submit 
a grant application to the Administrator of the National Oce-
anic and Atmospheric Administration to fund projects aimed at 
achieving the research priorities set forth in each research plan, 
including amendments thereto, developed and approved pursu-
ant to section 404. 
"(2) Projects eligible for funding under this section shall 
include research, investigations, studies, surveys, or demonstra-
tions with respect to— 
"(A) baseline assessment of marine environmental quality, 
including chemical, physical, and biological indicators of 
environmental quality; 
"(B) effects or potential effects of contaminants, including 
nutrients, toxic chemicals and heavy metals, on the environ-
ment, including marine and aquatic organisms; 
104 STAT. 2968 
PUBLIC LAW 101-593—NOV. 16, 1990 
"(C) effects of modification of habitats, including coastal wet-
lands, seagrass beds and reefs, on the environment, including 
marine organisms; 
"(D) assessment of impacts of pollutant sources and pollutant 
discharges into the coastal environment; 
"(E) transport, dispersion, transformation, and fate and effect 
of contaminants in the marine environment; 
"(F) marine and estuarine habitat assessment and restora-
tion; 
"(G) methods and techniques for modeling environmental 
quality conditions and trends; 
"(H) methods and techniques for sampling of water, sediment, 
marine and aquatic organisms, and demonstration of such 
methods and techniques; 
"(I) the effects on human health and the environment of 
contaminants or combinations of contaminants at various 
levels, whether natural or anthropogenic, that are found in the 
marine environment; 
"(J) environmental assessment of potential effects of major 
coastal and offshore development projects in the region; 
"(K) assessment of the effects of climate change on marine 
resources in the region; and 
"(L) analysis and interpretation of research data for the 
benefit of State and local environmental protection and re-
source management agencies in the region. 
"(3) Grant applications submitted pursuant to this subsection 
shall include— 
"(A) a description of the specific research projects to be 
conducted; 
"(B) identification of the organization responsible for each 
project and the principal investigator directing the project; 
"(C) a budget statement for each project; 
"(D) a schedule of milestones and interim products for each 
research project; 
"(E) a description of the relationship of the proposed project 
to the goals, objectives, and priorities of the research plan for 
the region and to other research projects; and 
"(F) any other information which may be required by the 
Administrator. 
"(c) 
REVIEW AND APPROVAL OF PROJECT PROPOSALS.—(1) 
The 
Administrator of the National Oceanic and Atmospheric Adminis-
tration shall review the annual grant application and, with the 
concurrence of the Administrator of the Environmental Protection 
Agency, approve such grant application with such conditions as are 
determined to be appropriate based on peer reviews conducted 
pursuant to paragraph (2). 
"(2) The Administrator of the National Oceanic and Atmospheric 
Administration shall develop a system of peer review of grant 
applications which shall ensure that only the highest quality re-
search is approved for funding and that each project is reviewed by 
research scientists outside the region concerned. 
"(d) REPORTING.—Any recipient of a grant under this section shall 
report to the appropriate Board, not later than 18 months after 
/ 
award of the grant, on the activities of such recipient conducted 
pursuant to this subsection. Such report shall include narrative 
summaries and technical data in such form as the Administrator of 
the National Oceanic and Atmospheric Administration may require. 
PUBLIC LAW 101-593—NOV. 16, 1990 
104 STAT. 2969 
REPORT ON RESEARCH PROGRAM 
"SEC. 
406. (a) PREPARATION AND SUBMISSION OF REPORT.—Each 
Board receiving a grant under section 405 shall, not later than 2 
years after the approval of its comprehensive plan under section 405 
and at 2-year intervals thereafter, prepare and submit to the 
Administrator of the National Oceanic and Atmospheric Adminis-
tration and the Administrator of the Environmental Protection 
Agency a report describing— 
"(1) the findings and conclusions of research projects con-
ducted in the region; 
"(2) recommendations for improvements in the design or 
implementation of programs for the protection of the marine 
environment; and 
"(3) available data and information concerning ecosystem 
health within the region. 
"(h) TRANSMITTAL TO CONGRESS.—Upon receipt of a report pre-
pared by a Board under subsection (a), the Administrator of the 
National Oceanic and Atmospheric Administration 
and 
the 
Administrator of the Environmental Protection Agency shall trans-
mit a copy of such report to the Committees on Commerce, Science, 
and Transportation and on Environment and Public Works of the 
Senate and to the Committee on Merchant Marine and Fisheries of 
the House of Representatives. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 407. (a) IN GENERAL.—For purposes of carrying out the 
16 USC I447f. 
provisions of this title, there are authorized to be appropriated 
$18,000,000 for each of the fiscal years 1992 through 1996. 
"(b) ALLOCATION.—(1) Of funds appropriated in any fiscal year, not 
more than $500,000 shall be reserved for administration of this title 
by the National Oceanic and Atmospheric Administration and the 
Environmental Protection Agency. 
"(2) Funds appropriated in a fiscal year which are available after 
allocation pursuant to paragraph (1), shall be used to support the 
administrative costs of Boards established pursuant to subsection 
403(a), provided that such funding does not exceed $300,000 for each 
research Board in each fiscal year. 
"(3) Seventy-five percent of funds appropriated in a fiscal year 
available after allocation pursuant to paragraphs (1) and (2), shall be 
allocated equally among Boards located in regions submitting re-
search project grant applications pursuant to section 405(b). 
"(4) Twenty-five percent of funds appropriated in a fiscal year 
available after allocation pursuant to paragraphs (1) and (2), shall be 
allocated among Boards located in regions submitting research 
project grant applications pursuant to section 405(b) which, in the 
judgment of the Administrator of the National Oceanic and At-
mospheric Administration, in consultation with the Administrator 
of the Environmental Protection Agency, propose the most needed 
and highest quality research.". 
TITLE IV—FOREST FOUNDATION 
SECTION 401. SHORT TITLE. 
This title may be cited as the "National Forest Foundation Act". 
National Forest 
Foundation Act. 
16 USC 583j 
note. 
104 STAT. 2970 
PUBLIC LAW 101-593—NOV. 16, 1990 
16 use 583j. 
SEC. 402. ESTABLISHMENT AND PURPOSES OF FOUNDATION. 
(a) EsTABUSHMENT.—There is established the National Forest 
Foundation (hereinafter referred to as the "Foundation") as a 
charitable and nonprofit corporation domiciled in the District of 
Columbia. 
(b) PURPOSES.—The purposes of the Foundation are to— 
(1) encourage, accept, and administer private gifts of money, 
and of real and personal property for the benefit of, or in 
connection with, the activities and services of the Forest Service 
of the Department of Agriculture; 
(2) undertake and conduct activities that further the purposes 
for which units of the National Forest System are established 
and are administered and that are consistent with approved 
forest plans; and 
(3) undertake, conduct and encourage educational, technical 
and other assistance, and other activities that support the 
multiple use, research, cooperative forestry and other programs 
administered by the Forest Service. 
(c) LIMITATION AND CONFLICTS OF INTERESTS.—(1) The Foundation 
shall not participate or intervene in a political campaign on behalf 
of any candidate for public office. 
(2) No director, officer, or employee of the Foundation shall 
participate, directly or indirectly, in the consideration or determina-
tion of any question before the Foundation affecting— 
(A) the financial interests of the director, officer, or employee; 
or 
(B) the interests of any corporation partnership, entity, or 
organization in which such director, officer, or employee— 
(i) is an officer, director, or trustee; or 
(ii) has any direct or indirect financial interest. 
16 use 583J-1. 
SEC. 403. BOARD OF DIRECTORS OF THE FOUNDATION. 
(a) ESTABLISHMENT AND MEMBERSHIP.—The Foundation shall have 
a governing Board of Directors (hereinafter referred to as the 
"Board"), which shall consist of fifteen Directors, each of whom 
shall be a United States citizen. At all times, a majority of members 
of the Board shall be educated or have actual experience in natural 
or cultural resource mansigement, law, or research. To the extent 
practicable, members of the Board shall represent diverse points of 
view relating to natural and cultural resource issues. The Chief of 
the Forest Service shall be an ex officio nonvoting member of the 
Board. 
(b) APPOINTMENT AND TERMS.—Within one year from the date of 
enactment of this title, the Secretary of Agriculture (hereinafter 
referred to as the "Secretary") shall appoint the Directors of the 
Board. Directors shall be appointed for terms of six years; except 
that the Secretary, in making the initial appointments to the Board, 
shall appoint one-third each of the Directors to terms of two, four, 
and six years respectively. A vacancy on the Board shall be filled 
within sixty days of such vacancy in the manner in which the 
original appointment was made. No individual may serve more than 
twelve consecutive years as a Director. 
(c) CHAIRMAN.—The Chairman shall be elected by the Board from 
its members. A chairman shall serve for a two-year term, and may 
be re-elected to the post during his tenure as a Director. 
(d) QUORUM.—A majority of the current voting membership of the 
Board shall constitute a quorum for the transaction of business. 
PUBLIC LAW 101-593—NOV. 16, 1990 
104 STAT. 2971 
(e) MEETINGS.—The Board shall meet at the call of the Chairman 
at least once a year. If a Director misses three consecutive regularly 
scheduled meetings, that individual may be removed from the Board 
by majority vote of the Board of Directors and that vacancy filled in 
accordance with subsection (b) of this section. 
(f) REIMBURSEMENT OF EXPENSES.—Voting members of the Board 
shall serve without pay, but may be reimbursed for the actual and 
necessary traveling and subsistence expenses incurred by them in 
the performance of their duties for the Foundation. Such reimburse-
ment may not exceed such amount as would be authorized under 
section 5703 of title 5, United States Code, for the payment of 
expenses and allowances for individuals employed intermittently in 
the Federal Government service. 
(g) GENERAL POWERS.—The Board may complete the organization 
of the Foundation by appointing employees, adopting a constitution 
and bylaws consistent with the purposes of the Foundation and the 
provisions of this subtitle, and undertaking other such acts as may 
be necessary to function and to carry out the provisions of this 
subtitle. 
(h) OFFICERS AND EMPLOYEES.—Officers and employees may not be 
appointed until the Foundation has sufficient funds to pay for their 
services. Officers and employees of the Foundation shall be ap-
pointed without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service, and may 
be paid without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title relating to classification and 
General Schedule pay rates. 
SEC. 404. CORPORATE POWERS AND OBLIGATIONS. 
16 USC 583J-2. 
(a) IN GENERAL.—The Foundation— 
(1) shall have perpetual succession; 
(2) may conduct business throughout the several States, terri-
tories, and possessions of the United States and in foreign 
countries; 
(3) shall have its principal offices in the Washington, D.C. District of 
metropolitan area; and 
Columbia. 
(4) shall at all times maintain a designated agent in the 
District of Columbia authorized to accept service of process for 
the Foundation. 
(b) NOTICE AND SERVICE OF PROCESS.—The serving of notice to, or 
service of process upon, the agent required under this paragraph, or 
mailed to the business address of such agent, shall be deemed as 
service upon or notice to the Foundation. 
(c) SEAL.—The Foundation shall have an official seal selected by 
the Board which shall be judicially noticed. 
(d) POWERS.—To carry out its purposes, the Foundation shall have, 
in addition to powers otherwise authorized under this title, the 
usual powers of a corporation in the District of Columbia, including 
the power to— 
(1) accept, receive, solicit, hold, administer and use any gift, 
devise, or bequest, either absolutely or in trust, or real or 
personal property or any income therefrom or other interest 
therein; 
(2) acquire by donation, gift, devise, purchase or exchange any 
real or personal property or interest therein; 
104 STAT. 2972 
PUBLIC LAW 101-593—NOV. 16, 1990 
(3) unless othenvise required by the instrument of transfer, 
sell, donate, lease, invest, reinvest, retain or otherwise dispose 
of any property or income therefrom; 
(4) borrow money and issue bonds, debentures, or other debt 
instruments; 
(5) sue and be sued, and complain and defend itself in any 
court of competent jurisdiction (except that the Directors of the 
Board shall not be personally liable, except for gross neg-
ligence); 
(6) enter into contracts or other arrangements with public 
agencies, private organizations, and persons and to make such 
payments as may be necessary to carry out the purposes 
thereof; and 
(7) do any and all acts necessary and proper to carry out the 
purposes of the Foundation. 
(e) PROPERTY.—(1) The Foundation may acquire, hold and dispose 
of lands, waters, or other interests in real property by donation, gift, 
devise, purchase or exchange. For the purposes of this title, an 
interest in real property shall include, but not be limited to, mineral 
and water rights, rights of way, and easements appurtenant or in 
gross. 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 Foundation. 
(2) No lands or waters, or interests therein, that are owned by the 
Foundation and are determined by the Chief of the United States 
Forest Service to be valuable for purposes established in this title 
shall be subject to condemnation by any State or political subdivi-
sion, or any agent or instrumentality thereof. 
(3) The Foundation and any income or property received or 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. 
(4) Contributions, gifts, and other transfers made to or for the use 
of the Foundation shall be treated as contributions, gifts, or trans-
fers to an organization exempt from taxation under section 501(cX3) 
of the Internal Revenue Code of 1986. 
16 use 583J-3. 
SEC. 405. ADMINISTRATIVE SERVICES AND SUPPORT. 
(a) STARTUP FUNDS.—For purposes of assisting the Foundation in 
establishing an office and meeting initial administrative and other 
startup expenses, the Secretary is authorized to provide to the 
Foundation $500,000, from funds appropriated pursuant to section 
410(a), per year for the two years following the date of enactment of 
this title. Such funds shall remain available to the Foundation until 
they are expended for authorized purposes. 
(b) MATCHING FUNDS.—In addition to the startup funds provided 
under subsection (a) of this section, for a period of five years from 
the date of enactment of this title, the Secretary is authorized to 
provide matching funds for administrative expenses incurred by the 
Foundation as authorized by section 410(b) of this title including 
reimbursement of expenses under section 403, not to exceed then 
current Federal Government per diem rates. 
(c) ADMINISTRATIVE EXPENSES.—At any time, the Secretary may 
provide the Foundation use of Department of Agriculture personnel, 
facilities, and equipment, with partial or no reimbursement, with 
PUBLIC LAW 101-593—NOV. 16, 1990 
104 STAT. 2973 
such limitations and on such terms and conditions as the Secretary 
shall establish. 
SEC. 406. VOLUNTEERS. 
16 USC 583J-4. 
The Secretary may accept, without regard to the civil service 
classification laws, rules and regulations, any director, officer, em-
ployee or agent of the Foundation as a volunteer for purposes of the 
Volunteers in the National Forests Act of 1972 (16 U.S.C. 558a 
through 558d; 86 Stat. 147). 
SEC. 407. AUDITS AND REPORT REQUIREMENTS. 
16 USC 583j-5. 
(a) AUDITS.—For purposes of the Act entitled "An Act for audit of Corporations, 
accounts of private corporations established under Federal law," 
approved August 30, 1964 (36 U.S.C. 1101 through 1103; Public Law 
88-504) the Foundation shall be treated as a private corporation 
established under Federal law. 
(b) ANNUAL REPORTS.—The Foundation shall, transmit each year 
to Congress a report of its proceedings and activities of the previous 
year, including a full and complete statement of its receipts, 
expenditures, and investments. 
SEC. 408. UNITED STATES RELEASE FROM LIABILITY. 
16 USC 583j-6. 
The United States shall not be liable for any debts, defaults, acts 
or omissions of the Foundation nor shall the full faith and credit of 
the United States extend to any obligations of the Foundation. 
SEC. 409. ACTIVITIES OF THE FOUNDATION AND UNITED STATES FOREST 
16 USC 583j-7. 
SERVICE. 
The activities of the Foundation authorized under the provisions 
of this Act shall be supplemental to and shall not preempt any 
authority or responsibility of the United States Forest Service under 
any other provision of law. 
SEC. 410. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 583J-8. 
(a) START-UP FUNDS.—For the purposes of section 405 of this title, 
there are authorized to be appropriated $1,000,000. 
104 STAT. 2974 
PUBLIC LAW 101-593—NOV. 16, 1990 
(b) MATCHING FUNDS.—For the purposes of section 405 of this title, 
during the five-year period following the date of the enactment of 
this title, there are authorized to be appropriated $1,000,000 an-
nually to the Secretary of Agriculture to be made available to the 
Foundation to match, on a one-for-one basis, private contributions 
made to the Foundation. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—H.R. 3338: 
HOUSE REPORTS: No. 101-586 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 101-522 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
July 16, considered and passed House. 
Oct. 26, considered and passed Senate, amended. 
Oct. 27, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 16, Presidential remarks.