36 U.S.C.
United States Code, 1996 Edition
Title 36 - PATRIOTIC SOCIETIES AND OBSERVANCES
CHAPTER 73 - NATIONAL MINING HALL OF FAME AND MUSEUM
From the U.S. Government Publishing Office, www.gpo.gov

CHAPTER 73—NATIONAL MINING HALL OF FAME AND MUSEUM

Sec.
4101.
Recognition as corporation and grant of Federal charter.
4102.
Powers of corporation.
4103.
Objects and purposes of corporation.
4104.
Membership.
4105.
Board of directors.
4106.
Officers.
4107.
Restrictions.
(a)
Distribution of income or assets to members.
(b)
Loans.
(c)
Political activities.
(d)
Issuance of stock; dividends.
(e)
Claim of approval or authorization.
(f)
Retention of status under State laws.
4108.
Liability for acts of officers and agents.
4109.
Service of process.
4110.
Books and records; inspection.
4111.
Annual report.
4112.
Reservation of right to amend or repeal chapter.
4113.
“State” defined.
4114.
Tax-exempt status.
4115.
Failure to comply with restrictions or provisions.

        

§4101. Recognition as corporation and grant of Federal charter

The National Mining Hall of Fame and Museum, organized and incorporated under the laws of Colorado, is hereby recognized as such and is granted a charter.

(Pub. L. 100–655, title I, §101, Nov. 14, 1988, 102 Stat. 3849.)

§4102. Powers of corporation

The National Mining Hall of Fame and Museum (hereafter in this chapter referred to as the “corporation”), shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

(Pub. L. 100–655, title I, §102, Nov. 14, 1988, 102 Stat. 3849.)

§4103. Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation including—

(1) to honor citizens, mining leaders, miners, prospectors, teachers, scientists, engineers, inventors, governmental leaders, and other individuals, who have helped to make this Nation great by their outstanding contributions to the establishment, development, advancement, or improvement of mining in the United States of America;

(2) to perpetuate the memory of such individuals and record their contributions and achievements by the erection and maintenance of such buildings, monuments, and edifices as may be deemed appropriate as a lasting memorial;

(3) to foster, promote, and encourage a better understanding of the origins and growth of mining, especially in the United States, and the part mining has played in changing the economic, social, and scientific aspects of our Nation;

(4) to establish and maintain a library and museum for collecting and preserving for posterity, the history of those honored by the corporation, together with a documentation of their accomplishments and contributions to mining, including such items as mining pictures, paintings, books, papers, documents, scientific data, relics, mementos, artifacts, and things relating to such items;

(5) to cooperate with other mining organizations which are actively engaged and interested in similar projects; and

(6) to engage in any and all activities incidental thereto or necessary, suitable, or proper for the accomplishment of any of the purposes set forth in this section.

(Pub. L. 100–655, title I, §103, Nov. 14, 1988, 102 Stat. 3850.)

§4104. Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation.

(Pub. L. 100–655, title I, §104, Nov. 14, 1988, 102 Stat. 3850.)

§4105. Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

(Pub. L. 100–655, title I, §105, Nov. 14, 1988, 102 Stat. 3850.)

§4106. Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

(Pub. L. 100–655, title I, §106, Nov. 14, 1988, 102 Stat. 3850.)

§4107. Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

(f) Retention of status under State laws

The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State of Colorado.

(Pub. L. 100–655, title I, §107, Nov. 14, 1988, 102 Stat. 3850.)

§4108. Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

(Pub. L. 100–655, title I, §108, Nov. 14, 1988, 102 Stat. 3851.)

§4109. Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

(Pub. L. 100–655, title I, §109, Nov. 14, 1988, 102 Stat. 3851.)

§4110. Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right of vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

(Pub. L. 100–655, title I, §110, Nov. 14, 1988, 102 Stat. 3851.)

§4111. Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 1101 of this title. The report shall not be printed as a public document.

(Pub. L. 100–655, title I, §112, Nov. 14, 1988, 102 Stat. 3851.)

References in Text

Section 1101 of this title, referred to in text, was in the original “section 111 of this title”, meaning section 111 of title I of Pub. L. 100–655 which amended section 1101 of this title to include the National Mining Hall of Fame and Museum within the definition of “private corporations established under Federal law”. Section 1103 of this title requires a report to Congress on the annual audit of private corporations established under Federal law.

§4112. Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

(Pub. L. 100–655, title I, §113, Nov. 14, 1988, 102 Stat. 3852.)

§4113. “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(Pub. L. 100–655, title I, §114, Nov. 14, 1988, 102 Stat. 3852.)

§4114. Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation as provided in title 26.

(Pub. L. 100–655, title I, §115, Nov. 14, 1988, 102 Stat. 3852.)

§4115. Failure to comply with restrictions or provisions

If the corporation fails to comply with any of the restrictions or other provisions of this chapter, the charter granted by this chapter shall expire.

(Pub. L. 100–655, title I, §116, Nov. 14, 1988, 102 Stat. 3852.)