33 U.S.C. § 1963 — Rights and obligations of the Foundation

(a) The Foundation has perpetual succession; may do business throughout the States, territories, possessions, and foreign countries; and must always have a designated agent authorized to accept service of process. (b) Notice or process served on that agent, or mailed to the agent’s business address, counts as notice or service on the Foundation. (c)(1) To carry out its purposes under 33 U.S.C. § 1961, the Foundation has the usual powers of a District of Columbia nonprofit corporation, in addition to powers elsewhere in this title. It may accept, receive, request, hold, manage, and use gifts, devises, bequests, real or personal property, income, and interests in property; buy or exchange property or interests; invest Federal funds in United States obligations or obligations or securities guaranteed or insured by the United States; deposit Federal funds in accounts insured by a United States agency or instrumentality; use interest and investment income from those investments or deposits for Foundation purposes; use Federal funds under cooperative agreements to provide substantial long-term benefits for assessing, preventing, reducing, and removing marine debris; sell, donate, lease, invest, reinvest, retain, or otherwise dispose of property or its income unless the transfer document requires otherwise; borrow and issue bonds, debentures, or other debt; sue and be sued and appear in court, although Directors are not personally liable except for gross negligence; contract with or give financial help to public agencies, private organizations, and people and make needed payments; and do all acts necessary and proper for Foundation purposes. (2) The Foundation may accept a gift, devise, or bequest even if it is encumbered, restricted, or subject to private beneficial interests, if any current or future interest benefits the Foundation. (d) The Foundation may not make a Federal-fund grant over $100,000 unless at least 15 days before making it the Foundation notifies the Member of Congress for the district where the grant-funded project will occur. (e) Work by the Foundation in a foreign country and grants to a foreign person or entity require the Secretary of State’s concurrence, consulting the USAID Administrator when appropriate. (f) When planning restoration or remediation using money from judgments or settlements concerning NOAA trust-resource damage, the Foundation must consult the Under Secretary. (g) The Board must locate the Foundation’s main office in the National Capital Region, as defined in 10 U.S.C. § 2674(f)(2), or in a coastal shoreline community. (h)(1) The Foundation must develop and use best practices for outreach to Indian Tribes and Tribal Governments. (2) Those practices must include technical assistance and capacity building to improve results and promote awareness of programs and grants under this chapter. (i) Nothing in this chapter satisfies a government-to-government consultation requirement with Tribal Governments or affects or changes a Tribal Government treaty or other right.