33 U.S.C. § 1963: Rights and obligations of…

Summary

Keep operating forever, work across the United States and abroad, and always have a named agent who can accept legal papers. Sending notice to that agent or mailing it to the agent’s business address counts as giving notice to the Foundation. The Foundation has the usual powers of a nonprofit formed in Washington, D.C. That includes taking gifts, buying or selling property, investing Federal funds in U.S. government obligations or in securities or accounts insured by the U.S., using any interest or investment income, using Federal money for long-term projects against marine debris, borrowing money, issuing debt, suing and being sued (directors are not personally liable except for gross negligence), making contracts and financial agreements, and doing other acts needed to carry out its work. The Foundation may accept non-Federal gifts even if they carry restrictions, as long as some interest benefits the Foundation. Grants over $100,000 need a notice to the Member of Congress for the district where the project will happen at least 15 days before the grant is made. Work or grants in foreign countries need approval from the Secretary of State, with consultation with USAID as appropriate. The Foundation must consult with the NOAA Under Secretary when planning restoration or cleanup paid for by judgments or settlements that affect NOAA trust resources. The main office must be in the National Capital Region or a coastal shoreline community. The Foundation must create outreach best practices for Indian Tribes that include technical help and raising awareness of available programs and grants. Nothing here replaces government-to-government consultation with Tribes or changes any Tribal treaty rights.

Title 33, §1963

Navigation and Navigable Waters, Source: USLM XML via OLRC

(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 abroad; and

(3)shall at all times maintain a designated agent authorized to accept service of process for the Foundation.

(b)Service of process

The serving of notice to, or service of process upon, the agent required under subsection (a)(3), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation.

(c)Powers

(1)In general

To carry out its purposes under section 1961 of this title, the Foundation shall have, in addition to the powers otherwise given it under this title, the usual powers of a nonprofit corporation formed in the District of Columbia, including the power—

(A)to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein;

(B)to acquire by purchase or exchange any real or personal property or interest therein;

(C)to invest any funds provided to the Foundation by the Federal Government in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States;

(D)to deposit any funds provided to the Foundation by the Federal Government into accounts that are insured by an agency or instrumentality of the United States;

(E)to make use of any interest or investment income that accrues as a consequence of actions taken under subparagraph (C) or (D) to carry out the purposes of the Foundation;

(F)to use Federal funds to make payments under cooperative agreements to provide substantial long-term benefits for the assessment, prevention, reduction, and removal of marine debris;

(G)unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom;

(H)to borrow money and issue bonds, debentures, or other debt instruments;

(I)to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the Directors of the Foundation shall not be personally liable, except for gross negligence;

(J)to enter into contracts or other arrangements with, or provide financial assistance to, public agencies and private organizations and persons and to make such payments as may be necessary to carry out its functions; and

(K)to do any and all acts necessary and proper to carry out the purposes of the Foundation.

(2)Non-Federal contributions to the fund

A gift, devise, or bequest may be accepted by the Foundation without regard to whether the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation.

(d)Notice to Members of Congress

The Foundation may not make a grant of Federal funds in an amount greater than $100,000 unless, by not later than 15 days before the grant is made, the Foundation provides notice of the grant to the Member of Congress for the congressional district in which the project to be funded with the grant will be carried out.

(e)Coordination of international efforts

Any efforts of the Foundation carried out in a foreign country, and any grants provided to an individual or entity in a foreign country, shall be made only with the concurrence of the Secretary of State, in consultation, as appropriate, with the Administrator of the United States Agency for International Development.

(f)Consultation With NOAA

The Foundation shall consult with the Under Secretary during the planning of any restoration or remediation action using funds resulting from judgments or settlements relating to the damage to trust resources of the National Oceanic and Atmospheric Administration.

(g)Principal office

The Board shall locate the principal office of the Foundation in the National Capital Region, as such term is defined in section 2674(f)(2) of title 10, or a coastal shoreline community.

(h)Best practices

(1)In general

The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes and Tribal Governments.

(2)Requirements

The best practices developed under paragraph (1) shall—

(A)include a process to support technical assistance and capacity building to improve outcomes; and

(B)promote an awareness of programs and grants available under this chapter.

(i)Rule of construction

Nothing in this chapter may be construed—

(1)to satisfy any requirement for government-to-government consultation with Tribal Governments; or

(2)to affect or modify any treaty or other right of any Tribal Government.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This title, referred to in subsec. (c)(1), means title I of Pub. L. 116–224, Dec. 18, 2020, 134 Stat. 1074, which was classified principally to subchapter I (§ 4211 et seq.) of chapter 55 of this title. Subtitles B and C of title I of Pub. L. 116–224 were transferred to subtitles B and C of Pub. L. 109–449 by Pub. L. 119–65, §§ 3(a), 4(a), Dec. 26, 2025, 139 Stat. 1987, 1989, and are classified to this subchapter and subchapter III of this chapter, respectively. Subtitle A of title I of Pub. L. 116–224 amended section 1951, 1958, and 1959 of this title, and subtitle D of title I of Pub. L. 116–224 is classified to part C (§ 4251) of subchapter I of chapter 55 of this title. Codification Section was formerly classified to section 4213 of this title prior to renumbering by Pub. L. 119–65.

Amendments

2025—Subsec. (c)(1). Pub. L. 119–65, § 3(e), substituted “powers of a nonprofit corporation formed” for “powers of a corporation acting as a trustee”. Subsec. (g). Pub. L. 119–65, § 3(f), added subsec. (g). Subsecs. (h), (i). Pub. L. 119–65, § 3(g), added subsecs. (h) and (i).

§1963 Rights and Obligations of the Foundation