54 U.S.C. § 312105 — Powers
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 629 words · no verdicts yet
The National Trust has broad corporate powers needed for its chapter functions. These include perpetual existence, suing and being sued, managing property and funds, making agreements, hiring staff, and taking other lawful actions.
(a) In General. As necessary to perform its chapter functions, the National Trust* has the general powers in this section.
(b) Succession. The National Trust continues until Congress dissolves it. If dissolved, its real and personal property passes to and becomes vested in the United States, as far as consistent with existing contracts and subject to all legally enforceable claims by or against the Trust.
(c) Sue and Be Sued. The Trust may sue and be sued in its corporate name.
(d) Corporate Seal. It may adopt, change, and use a corporate seal that courts must recognize judicially.
(e) Constitution, Bylaws, and Regulations. It may adopt a constitution and bylaws and regulations consistent with United States and State law. It may make rules needed to administer its chapter functions, including rules for visits to historic properties, corporate funds, and Board* organization and procedures.
(f) Personal Property. It may accept, hold, and administer money, securities, and other personal-property gifts and bequests, outright or in trust, for its purposes. Unless gift terms restrict it, the Trust may sell, exchange, otherwise dispose of, invest, or reinvest that property as it decides. Corporate principal, income, and all other revenue must be placed in Trust-selected depositories and may be spent for corporate purposes.
(g) Real Property. It may acquire, hold, and, unless gift terms restrict it, encumber, transfer, or otherwise dispose of real property or interests in it, outright or in trust, as needed for its purposes. This power does not cover property within a System* unit’s exterior boundaries.
(h) Protection, Preservation, Maintenance, or Operation Agreements. It may contract and make cooperative agreements with Federal, State, or local agencies, corporations, associations, or individuals, on terms it considers advisable, about protecting, preserving, maintaining, or operating historic sites, buildings, objects, or connected property for public use, whether or not the Trust owns them.
(i) Contracts and Instruments. It may make contracts generally and execute instruments needed or appropriate for its corporate purposes, including concessions, leases, or permits for land, buildings, or other property when useful to accommodate the public or administer the Trust.
(j) Officers, Agents, and Employees. It may appoint officers, agents, and employees, set their duties, and set and pay their compensation.
(k) Lawful Acts. It may take any lawful action necessary or appropriate for its purposes.
To the extent necessary to enable it to carry out the functions vested in it by this chapter, the National Trust* has the general powers described in this section.
The National Trust has succession until dissolved by Act of Congress, in which event title to the property of the National Trust, both real and personal, shall, insofar as consistent with existing contractual obligations and subject to all other legally enforceable claims or demands by or against the National Trust, pass to and become vested in the United States.
The National Trust may sue and be sued in its corporate name.
The National Trust may adopt, alter, and use a corporate seal that shall be judicially noticed.
The National Trust may adopt a constitution and prescribe such bylaws and regulations, not inconsistent with the laws of the United States or of any State, as it considers necessary for the administration of its functions under this chapter, including among other matters, bylaws and regulations governing visitation to historic properties, administration of corporate funds, and the organization and procedure of the Board*.
The National Trust may accept, hold, and administer gifts and bequests of money, securities, or other personal property of any character, absolutely or in trust, for the purposes for which the National Trust is created. Unless otherwise restricted by the terms of a gift or bequest, the National Trust may sell, exchange, or otherwise dispose of, and invest or reinvest in investments as it may determine from time to time, the moneys, securities, or other property given or bequeathed to it. The principal of corporate funds and the income from those funds and all other revenues received by the National Trust from any source shall be placed in such depositories as the National Trust shall determine and shall be subject to expenditure by the National Trust for its corporate purposes.
The National Trust may acquire by gift, devise, purchase, or otherwise, absolutely or in trust, and hold and, unless otherwise restricted by the terms of the gift or devise, encumber, convey, or otherwise dispose of, any real property, or any estate or interest in real property (except property within the exterior boundaries of a System unit*), as may be necessary and proper in carrying into effect the purposes of the National Trust.
The National Trust may contract and make cooperative agreements with Federal, State, or local agencies, corporations, associations, or individuals, under terms and conditions that the National Trust considers advisable, respecting the protection, preservation, maintenance, or operation of any historic site, building, object, or property used in connection with the site, building, object, or property for public use, regardless of whether the National Trust has acquired title to the property, or any interest in the property.
The National Trust may enter into contracts generally and execute all instruments necessary or appropriate to carry out its corporate purposes, including concession contracts, leases, or permits for the use of land, buildings, or other property considered desirable either to accommodate the public or to facilitate administration.
The National Trust may appoint and prescribe the duties of officers, agents, and employees as may be necessary to carry out its functions, and fix and pay compensation to them for their services as the National Trust may determine.
The National Trust may generally do any and all lawful acts necessary or appropriate to carry out the purposes for which the National Trust is created.
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3250.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3250
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.
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