Donations to the National Park Foundation (NPF) for the Benefit of NPS (16 U.S.C. § 19 e-o)

Page 67

§ 19g

TITLE 16—CONSERVATION

visions of this subchapter, but not more than
$3,500,000 shall be appropriated in any one year.
(Pub. L. 91–357, § 4, July 29, 1970, 84 Stat. 472;
Pub. L. 94–128, Nov. 13, 1975, 89 Stat. 682; Pub. L.
98–540, § 1(a), Oct. 24, 1984, 98 Stat. 2718; Pub. L.
104–333, div. I, title VIII, § 805, Nov. 12, 1996, 110
Stat. 4188.)
AMENDMENTS
1996—Pub.
‘‘$1,000,000’’.
1984—Pub.
‘‘$250,000’’.
1975—Pub.
‘‘$100,000’’.

L.

104–333

substituted

‘‘$3,500,000’’

for

L.

98–540

substituted

‘‘$1,000,000’’

for

‘‘$250,000’’

for

L.

94–128

substituted

EFFECTIVE DATE OF 1984 AMENDMENT
Pub. L. 98–540, § 1(a), Oct. 24, 1984, 98 Stat. 2718, provided in part that: ‘‘The amendment made by this subsection [amending this section] shall apply with respect to fiscal years beginning after September 30,
1984.’’

SUBCHAPTER III—NATIONAL PARK
FOUNDATION
§§ 19 to 19c. Repealed. Pub. L. 90–209, § 2, Dec. 18,
1967, 81 Stat. 656
Sections, act July 10, 1935, ch. 375, §§ 1–3, 5, 49 Stat.
477, 478, related to: creation of National Park Trust
Fund Board, its composition, conduct of business, and
compensation; authority to accept and administer
gifts, disposition of income, and limitations thereof;
succession, powers as trustee, and jurisdiction of suits;
and exemption of gifts from taxation, respectively. See
sections 19e to 19n of this title.

§ 19d. Repealed. Aug. 30, 1954, ch. 1076, § 1(25), 68
Stat. 968
Section, act July 10, 1935, ch. 375, § 6, 49 Stat. 478, required the National Park Trust Fund Board to submit
an annual report to Congress of the moneys or securities received and held by it, and of its operations.

§ 19e. Congressional statement of purpose; establishment of Foundation
In order to encourage private gifts of real and
personal property or any income therefrom or
other interest therein for the benefit of, or in
connection with, the National Park Service, its
activities, or its services, and thereby to further
the conservation of natural, scenic, historic, scientific, educational, inspirational, or recreational resources for future generations of
Americans, there is hereby established a charitable and nonprofit corporation to be known as
the National Park Foundation to accept and administer such gifts.
(Pub. L. 90–209, § 1, Dec. 18, 1967, 81 Stat. 656.)
SHORT TITLE
Pub. L. 90–209, which enacted this subchapter, is popularly known as the ‘‘National Park Foundation Act’’.

§ 19f. Board: membership, term of office, vacancies, Chairman, Secretary, non-Federal office, quorum, seal, meetings, compensation,
traveling and subsistence expenses; Foundation as successor to right, title, and interest
of National Park Trust Fund Board in property or funds; abolition and repeal of National Park Trust Fund and Board provisions
The National Park Foundation shall consist of
a Board having as members the Secretary of the

Interior, the Director of the National Park Service, ex officio, and no less than six private citizens of the United States appointed by the Secretary of the Interior whose initial terms shall
be staggered to assure continuity of administration. Thereafter, the term shall be six years, unless a successor is chosen to fill a vacancy occurring prior to the expiration of the term for
which his predecessor was chosen, in which
event the successor shall be chosen only for the
remainder of that term. The Secretary of the Interior shall be the Chairman of the Board and
the Director of the National Park Service shall
be the Secretary of the Board. Membership on
the Board shall not be deemed to be an office
within the meaning of the statutes of the United
States. A majority of the members of the Board
serving at any one time shall constitute a
quorum for the transaction of business, and the
Foundation shall have an official seal, which
shall be judicially noticed. The Board shall meet
at the call of the Chairman and there shall be at
least one meeting each year.
No compensation shall be paid to the members
of the Board for their services as members, but
they shall be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as such members out of National Park
Foundation funds available to the Board for
such purposes. The Foundation shall succeed to
all right, title, and interest of the National Park
Trust Fund Board established in any property or
funds, including the National Park Trust Fund,
subject to the terms and conditions thereof. The
National Park Trust Fund is hereby abolished,
and the Act of July 10, 1935 (49 Stat. 477), as
amended, is hereby repealed.
(Pub. L. 90–209, § 2, Dec. 18, 1967, 81 Stat. 656.)
REFERENCES IN TEXT
Act of July 10, 1935 (49 Stat. 477), as amended, referred
to in text, prior to its repeal by Pub. L. 90–209, § 2, Dec.
18, 1967, 81 Stat. 656, was classified to sections 6a and 19
to 19d of this title.

§ 19g. Gifts, devises, or bequests; restriction; real
property interests; property with encumbrances, restrictions, or subject to beneficial
interests of private persons
The Foundation is authorized to accept, receive, solicit, hold, administer, and use any
gifts, devises, or bequests, either absolutely or
in trust of real or personal property or any income therefrom or other interest therein for the
benefit of or in connection with, the National
Park Service, its activities, or its services: Provided, That the Foundation may not accept any
such gift, devise, or bequest which entails any
expenditure other than from the resources of the
Foundation. An interest in the real property includes, among other things, easements or other
rights for preservation, conservation, protection, or enhancement by and for the public of
natural, scenic, historic, scientific, educational,
inspirational, or recreational resources. 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 National Park Service, its
activities, or its services.

§ 19h

TITLE 16—CONSERVATION

(Pub. L. 90–209, § 3, Dec. 18, 1967, 81 Stat. 656.)
§ 19h. Property and income dealings and transactions; prohibition of engagement in business; trust company type of investments; utilization of services and facilities of Federal
agencies without reimbursement; transfer instrument requirements and investments
Except as otherwise required by the instrument of transfer, the Foundation may sell,
lease, invest, reinvest, retain, or otherwise dispose of or deal with any property or income
thereof as the Board may from time to time determine. The Foundation shall not engage in
any business, nor shall the Foundation 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 investment authorized by the instrument of transfer, and may retain any property accepted by
the Foundation. The Foundation may utilize the
services and facilities of the Department of the
Interior and the Department of Justice, and
such services and facilities may be made available on request to the extent practicable with or
without reimbursement therefor. Monies reimbursed to either Department shall be returned
by the Department 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 such
account is authorized.
(Pub. L. 90–209, § 4, Dec. 18, 1967, 81 Stat. 656; Pub.
L. 106–176, title III, § 305, Mar. 10, 2000, 114 Stat.
33.)
AMENDMENTS
2000—Pub. L. 106–176 inserted ‘‘with or’’ before ‘‘without’’ and inserted at end ‘‘Monies reimbursed to either
Department shall be returned by the Department 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 such
account is authorized.’’

§ 19i. Corporate succession; powers and duties of
trustee; suits; personal liability for malfeasance
The Foundation shall have perpetual succession, with all the usual powers and obligations
of a corporation acting as a trustee, including
the power to sue and to be sued in its own name,
but the members of the Board shall not be personally liable, except for malfeasance.
(Pub. L. 90–209, § 5, Dec. 18, 1967, 81 Stat. 657.)
§ 19j. Authority for execution of contracts, instruments, and necessary or appropriate acts
The Foundation shall have the power to enter
into contracts, to execute instruments, and generally to do any and all lawful acts necessary or
appropriate to its purposes.
(Pub. L. 90–209, § 6, Dec. 18, 1967, 81 Stat. 657.)
§ 19k. Bylaws, rules, and regulations; contracts
for services
In carrying out the provisions of this subchapter, the Board may adopt bylaws, rules, and
regulations necessary for the administration of

Page 68

its functions and contract for any necessary
services.
(Pub. L. 90–209, § 7, Dec. 18, 1967, 81 Stat. 657.)
§ 19l. Tax exemptions; contributions toward costs
of local government; contributions, gifts, or
transfers to or for use of United States
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. The Foundation may, however, in the discretion of its directors, contribute toward the costs of local government in
amounts not in excess of those which it would be
obligated to pay such government if it were not
exempt from taxation by virtue of the foregoing
or by virtue of its being a charitable and nonprofit corporation and may agree so to contribute with respect to property transferred to it
and the income derived therefrom if such agreement is a condition of the transfer. Contributions, gifts, and other transfers made to or for
the use of the Foundation shall be regarded as
contributions, gifts, or transfers to or for the
use of the United States.
(Pub. L. 90–209, § 8, Dec. 18, 1967, 81 Stat. 657.)
§ 19m. Liability of United States
The United States shall not be liable for any
debts, defaults, acts, or omissions of the Foundation.
(Pub. L. 90–209, § 9, Dec. 18, 1967, 81 Stat. 657.)
§ 19n. Omitted
CODIFICATION
Section, Pub. L. 90–209, § 10, Dec. 18, 1967, 81 Stat. 657,
which required the National Park Foundation to transmit to Congress an annual report of its proceedings and
activities, including a full and complete statement of
its receipts, expenditures, and investments, terminated, effective May 15, 2000, pursuant to section 3003 of
Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page
204 of House Document No. 103–7.

§ 19o. Promotion of local fundraising support
(a) Establishment
The Foundation shall design and implement a
comprehensive program to assist and promote
philanthropic programs of support at the individual national park unit level.
(b) Implementation
The program under subsection (a) of this section shall be implemented to—
(1) assist in the creation of local nonprofit
support organizations; and
(2) provide support, national consistency,
and management-improving suggestions for
local nonprofit support organizations.
(c) Program
The program under subsection (a) of this section shall include the greatest number of national park units as is practicable.
(d) Requirements
The program under subsection (a) of this section shall include, at a minimum—

Page 69

§ 19jj–1

TITLE 16—CONSERVATION

(1) a standard adaptable organizational design format to establish and sustain responsible management of a local nonprofit support
organization for support of a national park
unit;
(2) standard and legally tenable bylaws and
recommended money-handling procedures that
can easily be adapted as applied to individual
national park units; and
(3) a standard training curriculum to orient
and expand the operating expertise of personnel employed by local nonprofit support organizations.
(e) Annual report
The Foundation shall report the progress of
the program under subsection (a) of this section
in the annual report of the Foundation.
(f) Affiliations
(1) Charter or corporate bylaws
Nothing in this section requires—
(A) a nonprofit support organization or
friends group to modify current practices or
to affiliate with the Foundation; or
(B) a local nonprofit support organization,
established as a result of this section, to be
bound through its charter or corporate bylaws to be permanently affiliated with the
Foundation.
(2) Establishment
An affiliation with the Foundation shall be
established only at the discretion of the governing board of a nonprofit organization.
(Pub. L. 90–209, § 11, as added Pub. L. 105–391,
title VII, § 701, Nov. 13, 1998, 112 Stat. 3520.)
SUBCHAPTER III–A—NATIONAL PARK
SYSTEM VISITOR FACILITY
§§ 19aa to 19gg. Omitted
CODIFICATION
Sections 19aa to 19gg were omitted pursuant to section 19gg which provided that all authorities contained
in this subchapter expired Sept. 30, 1989.
Section 19aa, Pub. L. 97–433, § 2, Jan. 8, 1983, 96 Stat.
2277, defined terms for purposes of this subchapter.
Section 19bb, Pub. L. 97–433, § 3, Jan. 8, 1983, 96 Stat.
2277, established in United States Treasury the National Park System Visitor Facilities Fund and provided for funds to be credited to that Fund.
Section 19cc, Pub. L. 97–433, § 4, Jan. 8, 1983, 96 Stat.
2277, authorized appropriations to be made available to
National Park Foundation to carry out its functions
under this subchapter.
Section 19dd, Pub. L. 97–433, § 5, Jan. 8, 1983, 96 Stat.
2278, related to administration of Fund projects and required Foundation to include in its annual report a description of projects undertaken and accomplishments
made under this subchapter.
Section 19ee, Pub. L. 97–433, § 6, Jan. 8, 1983, 96 Stat.
2278, related to authority of National Park Foundation.
Section 19ff, Pub. L. 97–433, § 7, Jan. 8, 1983, 96 Stat.
2279, provided that nothing in this subchapter affect responsibilities of Secretary of the Interior under other
provisions of law.
Section 19gg, Pub. L. 97–433, § 8, Jan. 8, 1983, 96 Stat.
2279, provided that authorities contained in this subchapter expire Sept. 30, 1989, and that any moneys credited to Fund not appropriated, expended, or obligated
be transferred to miscellaneous receipts of the Treasury.

SHORT TITLE
Section 1 of Pub. L. 97–433 provided that this subchapter be cited as the ‘‘National Park System Visitor
Facilities Fund Act’’.

SUBCHAPTER III–B—PARK SYSTEM
RESOURCE PROTECTION
§ 19jj. Definitions
As used in this subchapter the term:
(a) ‘‘Attorney General’’ means the Attorney
General of the United States.
(b) ‘‘Damages’’ includes the following:
(1) Compensation for—
(A)(i) the cost of replacing, restoring, or
acquiring the equivalent of a park system
resource; and
(ii) the value of any significant loss of use
of a park system resource pending its restoration or replacement or the acquisition of
an equivalent resource; or
(B) the value of the park system resource
in the event the resource cannot be replaced
or restored.
(2) The cost of damage assessments under
section 19jj–2(b) of this title.
(c) ‘‘Response costs’’ means the costs of actions taken by the Secretary of the Interior to
prevent or minimize destruction or loss of or injury to park system resources; or to abate or
minimize the imminent risk of such destruction,
loss, or injury; or to monitor ongoing effects of
incidents causing such destruction, loss, or injury.
(d) ‘‘Park system resource’’ means any living
or non-living resource that is located within the
boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.
(e) ‘‘Regimen’’ means a water column and submerged lands, up to the high-tide or high-water
line.
(f) ‘‘Secretary’’ means the Secretary of the Interior.
(g) ‘‘Marine or aquatic park system resource’’
means any living or non-living part of a marine
or aquatic regimen within or is a living part of
a marine or aquatic regimen within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.
(Pub. L. 101–337, § 1, July 27, 1990, 104 Stat. 379;
Pub. L. 104–333, div. I, title VIII, § 814(h)(1), (2),
Nov. 12, 1996, 110 Stat. 4199.)
AMENDMENTS
1996—Subsec. (d). Pub. L. 104–333, § 804(h)(1), amended
subsec. (d) generally. Prior to amendment, subsec. (d)
read as follows: ‘‘ ‘Park system resource’ means any living or nonliving resource that is located within or is a
living part of a marine regimen or a Great Lakes
aquatic regimen (including an aquatic regimen within
Voyageurs National Park) within the boundaries of a
unit of the National Park System, except for resources
owned by a non-Federal entity.’’
Subsec. (g). Pub. L. 104–333, § 814(h)(2), added subsec.
(g).

§ 19jj–1. Liability
(a) In general
Subject to subsection (c) of this section, any
person who destroys, causes the loss of, or in-