
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC583j-2]

 
                         TITLE 16--CONSERVATION
 
      CHAPTER 3--FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
 
                     SUBCHAPTER V--FOREST FOUNDATION
 
Sec. 583j-2. Corporate powers and obligations


(a) In general

    The Foundation--
        (1) shall have perpetual succession;
        (2) may conduct business throughout the several States, 
    territories, and possessions of the United States and in foreign 
    countries;
        (3) shall have its principal offices in the Washington, D.C. 
    metropolitan area; and
        (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,\1\ or mailed to the business address of 
such agent, shall be deemed as service upon or notice to the Foundation.
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    \1\ So in original. Probably should be ``this section,''.
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(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 subchapter, 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;
        (3) unless otherwise 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 negligence);
        (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 subchapter, 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 subchapter shall 
be subject to condemnation by any State or political subdivision, 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 transfers 
to an organization exempt from taxation under section 501(c)(3) of title 
26.

(Pub. L. 101-593, title IV, Sec. 404, Nov. 16, 1990, 104 Stat. 2971.)
