§ 1264. TREE PLANTING FOUNDATION.
1,172 words·~5 min read·
/usc/title-16/section-1264A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Purpose .— The purpose of this section is to authorize the President to designate a private nonprofit Foundation as eligible to receive a grant from the Department of Agriculture to be used— to provide grants, including matching grants, to qualifying nonprofit organizations (including youth groups), municipalities, counties, towns and townships for the implementation of programs to promote public awareness and a spirit of volunteerism in support of tree planting, maintenance, management, protection, and cultivation projects in rural areas, communities and urban areas throughout the United States; to solicit public and private sector contributions through the mobilization of individuals, businesses, governments, and community organizations with the goal of increasing the number of trees planted, maintained, managed, and protected in rural areas, communities and urban environments; to accept and administer public and private gifts and make grants, including matching grants, to encourage local participation, for the planting, maintenance, management, protection, and cultivation of trees; and to ensure that our descendants will be able to share their ancestors’ pride when referring to their land as ‘America the Beautiful’.
Authority .— The President is authorized to designate a private nonprofit organization (hereafter in this section referred to as the ‘Foundation’) as eligible to receive funds pursuant to subsections
(d)and
(e)upon determining that such organization can, consistent with its charter, carry out the purposes stated in subsection (a), and that the officers of such organization have the experience and expertise necessary to direct the activities of the organization. Nothing in this section shall be construed to make officers, employees, or members of the board of directors of the Foundation officers or employees of the United States. The Foundation shall be a private and nonprofit organization and not an agency or establishment of the United States. Implementation .— The Foundation shall carry out this section in accordance with the purposes stated in subsection (a). Funding .— For fiscal year 1991, the Secretary is authorized to make a grant of not to exceed $25,000,000 to the Foundation. Use of Funds .— Funds made available pursuant to subsection
(d)shall be granted to the Foundation by the Secretary to enable the Foundation to carry out the purposes specified in subsection (a). Interest .— Notwithstanding any other provision of law, the Foundation may hold funds made available pursuant to subsection
(e)in interest-bearing accounts prior to the disbursement of the funds for purposes specified in subsection
(a)and may retain to carry out such purposes any interest earned on the deposits. Limitations on Uses of Funds.— In general .— The Foundation may use funds provided by this section only for making grants to qualified organizations, municipalities, counties, towns and townships for the implementation of projects and activities that are consistent with the purposes specified in subsection (a). Qualified organizations .— For the purposes of this section, qualified organizations shall consist of those organizations that meet the requirements of section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) ) and have demonstrated a capability to implement the project or activity for which the Foundation funds will be used. Compensation from Outside Sources .— An officer or employee of the Foundation may not receive any salary or other compensation for services rendered to the Foundation from any source other than the Foundation. Stock and Dividends .— The Foundation shall not issue any shares of stock or declare or pay any dividends. Lobbying .— The Foundation shall not engage in lobbying or propaganda for the purpose of influencing legislation and shall not participate or intervene in any political campaign on behalf of any candidate for public office. Salary; Travel and Expenses; Conflicts of Interest.— Personal benefit from funds .— No part of the funds of the Foundation shall inure to the benefit of any board member, officer, or employee of the Foundation, except as salary or reasonable compensation for services or expenses. Travel and expense reimbursement .— Compensation for board members shall be limited to reimbursement for reasonable costs of travel and expenses. Conflicts of interest .— No director, officer, or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation affecting— the financial interests of the director, officer, or employee; or the interests of any corporation, partnership, entity, or organization in which such director, officer, or employee— is an officer, director, or trustee; or has any direct or indirect financial interest. Records; Audits .— The Foundation shall ensure that— each recipient of assistance provided through the Foundation under this section maintains, for at least 5 years after the receipt of the assistance, separate accounts with respect to the assistance and such records as may be reasonably necessary to disclose fully— the amount and the disposition by the recipient of the proceeds of the assistance; the total cost of the project or undertaking in connection with which the assistance is given or used; the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and such other records as will facilitate an effective audit; and the Foundation and any duly authorized representative of the Foundation shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of the recipient that are pertinent to assistance provided through the Foundation under this section. Audits.— Independent audits .— For the fiscal year in which the Foundation receives the grant awarded under subsection (e), and for the succeeding 5 fiscal years, the accounts of the Foundation shall be audited annually in accordance with generally accepted auditing standards by an independent certified public accountant or an independent licensed public accountant certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The report of each such independent audit shall be included in the annual report required by subsection (n). Agency audits .— For the fiscal year in which the Foundation receives the grant awarded under subsection (d), and for the succeeding 5 fiscal years, the financial transactions undertaken pursuant to this section by the Foundation may be audited by any agency designated by the President. Annual Reports.— In general .— Not later than 3 months after the conclusion of each fiscal year, the Foundation shall publish an annual report that includes a comprehensive and detailed report of the operations, activities, financial condition, and accomplishments of the Foundation under this subtitle during the fiscal year. Termination .— The obligation of the Foundation to publish annual reports pursuant to this subsection shall terminate after publication of the report incorporating the findings of the final audit in accordance with procedures required by subsection ( l ). Prohibition on Commercial Harvest .— Trees planted pursuant to a program receiving funds under this section may not be commercially harvested and sold for Christmas trees. Authorization of Appropriations .— There is authorized to be appropriated $25,000,000 to be granted by the Secretary of Agriculture to the Foundation. All funds appropriated under this section may remain available until expended.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
§ 1264
TREE PLANTING FOUNDATION.
Cites 1Cited by 0 across 0 sources