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U.S. Code as of:
01/19/04
Section 284d. Cooperative agreement with Foundation for presentation of programs
(a) Terms and conditions for Federal assistance
The Secretary is authorized and directed to enter into a
cooperative agreement with the Foundation respecting the
presentation of performing arts and related educational and
cultural programs at the Center, and in such other areas of the
park as may be agreed to. The Secretary may provide technical and
financial assistance under such a cooperative agreement for such
purposes, pursuant to such terms and conditions as he deems
appropriate.
(b) Prerequisite conditions
As a condition of entering into a cooperative agreement under
this section, the Secretary shall require that -
(1) the Foundation maintain the insurance described in section
284c(c)(3) of this title; and
(2) the Foundation maintain its status as an organization
described in section 501(c)(3) of title 26 and exempt from
taxation under section 501(a) of title 26.
(c) Required terms and conditions; contractual authority for
administration through nonconflicting agreement with other
organization or entity
A cooperative agreement under this section shall provide that -
(1) the Secretary and the Comptroller General of the United
States or their duly authorized representatives shall have access
to any pertinent books, documents, papers, and records of the
Foundation to make audits, examinations, excerpts, and
transcripts;
(2) the Foundation shall prepare an annual report to the
Secretary, which shall also be submitted to the appropriate
committees of the United States House of Representatives and the
United States Senate, summarizing the activities of the previous
year (together with a comparison of goals and objectives with
actual accomplishments) and presenting a plan for the forthcoming
year;
(3) such cooperative agreement may be terminated at the
convenience of the United States if the Secretary determines that
such termination is required in the public interest; and
(4) the Foundation will maintain accounts for Foundation
activities outside of the Park separate from Foundation accounts
for presentation of performing arts and related programs
presented at the Center and other areas of the Park.
The cooperative agreement shall contain such other terms and
conditions as the Secretary deems appropriate. Until such
cooperative agreement is entered into, nothing in this section
shall be construed to affect or impair the validity of the
agreement between the National Park Service and the Foundation
dated September 16, 1980. Such agreement shall remain in force and
effect until terminated under the terms and conditions of such
agreement or until an agreement is entered into under this section.
Nothing in this section shall be construed to affect the authority
of the Secretary under any other provision of law to enter into a
contract or an agreement, not conflicting with the cooperative
agreement described in this section, with any other organization or
entity with respect to the administration of the park.
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