ACT SECTION 18 — NSS FUNDS

Section 18 of the Board of Governors manual is renamed NSS Funds (previously named Miscellanious Funds) and organized such that funds are displayed alphabetically and motions related to specific funds are grouped together. Funds with an amendment date of 3-23-02 in the title line were also amended under this Act.

American Caving Accidents Restricted Fund

The American Caving Accidents Restricted Fund is established.

Audio/Visual Library Restricted Fund

The purpose of the NSS A/V Library Restricted Fund is to provide funds for NSS A/V Library programs, equipment, or equipment maintenance. These funds may be spent by the A/V Library chairman subject to OVP approval. All funds (fees in excess of postage cost) raised through the A/V Library rental program will go to this restricted fund.

Building Repair Fund

The purpose of the Building Repair Fund is to finance major maintenance and repairs on the NSS office building. It will be periodically augmented through transfers of unrestricted funds and may be spent by the Operations Vice President based upon a budget approved by the Board of Governors.

Cave Acquisition Fund

The purpose of the Cave Acquisition Fund is the purchase or lease of caves or to obtain easements on cave properties. This fund may also be used to pay transfer costs (e.g. lawyer’s fees, title searches, land surveys, and closing costs) for caves acquired in any manner by the Society. This fund may also be used to make loans or grants to NSS Internal Organizations, Conservancies, or institutional Members wishing to acquire cave properties. The Fund was established by donors. Money may be spent from this fund with the approval of the Board of Governors or transferred from this fund to the Nature Preserve Fund as deemed necessary by the Executive Committee.

Cave Education Restricted Fund

The NSS Cave Education Restricted Fund is established to promote cave and karst education programs for primary and secondary students. The Fund was established by donors. The Administrative Vice President may fund grant proposals from this restricted fund.

Cave Restoration Fund

The purpose of the Cave Restoration Fund is to support the repair of human-caused damage, both malicious and inadvertent. The Fund was established by donors. The Conservation Committee chairman, subject to the Administrative Vice President’s approval, may spend these funds.

Contemporary Cave Use Study Restricted Fund

The purpose of the Contemporary Cave Use Study restricted fund is to support the study of cave visitation. The Fund was established by donors. These funds may be spent by the Chairman of the Contemporary Cave use Study Committee with the approval of the Administrative Vice President.

Convention Surplus Designated Fund

The NSS Convention Surplus Designated Fund is established to provide funds to cover NSS convention deficits. Each year the full unrestricted convention surplus for that year shall be transferred to the Convention Surplus Fund. Each year one-fifth of the Convention Surplus Fund may be transferred to the NSS Operating Fund as revenue provided a $15,000 balance is maintained in the NSS Convention Designated Fund to cover a NSS Convention deficit.

Endowment Fund

The purpose of the Endowment Fund is to generate income and capital gains for approved projects and needs of the Society as determined by the Board of Governors. The Society and others may periodically provide donations and unrestricted funds for the Endowment Fund. The NSS shall invest funds in the Endowment Fund until the balance of the fund exceeds $500,000 so as to emphasize growth of the capital investment. The Fund was established by donors and is managed as a temporarily restricted quasi-endowment fund. By majority vote the Society's Board of Governors may require the return of up to 5.5%of the fund each year as income. (See Attachment N of Appendix C in the Board of Governors Manual.)

The NSS shall allocate $5,000. annually for the Endowment Fund starting with the FY 01/02 budget.

Fine Arts Salon Fund

The purpose of the Fine Arts Salon Fund is to support the NSS Fine Arts Salon. The Fund was established through donations. The Salon Committee chairman, subject to AVP approval, may spend these funds.

Fund for Litigation to Protect Caves

The purpose of the Fund for Litigation to Protect Caves is to pay for litigation necessary to protect caves and their natural contents, initiated by the Society or by cooperating individuals. The fund is composed of donations and accrued income. The Board of Governors may authorize expenditure of part or all of this fund for expenses of litigation necessary to further one or more purposes of the Society stated in Article II of its Constitution, provided that no expenditure from this fund is contrary to section 501(c)(3) of the Internal Revenue Code or the corresponding provision of any future United States Internal Revenue law as determined by the Legal Committee. In addition, the Executive Committee may authorize expenditures of small sums from this fund as seed money for special funds established for defense of owners of wild caves made party to adverse legal action because of their ownership of caves. These funds shall not exceed $5,000.00 at any one time. The fund shall be reimbursed from such special funds to the greatest degree possible. The Executive Committee shall review any proposed use of this fund prior to presentation to the Board and report alternative ways of accomplishing the goal intended to be accomplished by legal action with the intent that legal action shall be the last resort and a large balance be maintained in this fund to support any such legal action which may be found necessary. Principal and investment income of this fund shall not be used to defray expenses of litigation in which the Society is a defendant. (See Attachment Q of Appendix C in the Board of Governors Manual.)

Gage Caverns Restricted Fund

The purpose of the Gage Caverns Restricted Fund is to provide funds in support of NSS operation and maintenance of the Gage Caverns property in Schoharie County, New York. The Fund was established by donors. These funds may be spent by the Barton Hills Karst Preserve Committee chairman subject to approval by the NSS AVP.

Great Expectations Cave Fund

The purpose of the Great Expectations Cave Fund is to provide funds for the acqusition, operation, and maintenance of the Great Expectations Cave property in Wyoming. This includes paying for land swaps and easements, paying expenses associated with the transfer of the property to the NSS (e.g. lawyer's fees, title searches, land surveys, and closing costs), associated fund-raising expenses, and paying back the loans. Donors established the fund. The NSS AVP or his designated agents may approve expenditures from the fund.

Guide to Responsible Caving Fund

The purpose of the Guide to Responsible Caving Fund is to provide money for the publication The Guide to Responsible Caving. The Fund was established by transfers of unrestricted funds.

The Operations Vice President may spend these funds based upon a budget approved by the Board.

Headquarters Fund

The purpose of the Headquarters Fund is to furnish capital for the purchase or maintenance of real property to house offices of the Society and to purchase additions or improvements to the office building, equipment, software, and fixtures. The Fund was established through donations. The principal, or any part thereof, of the Headquarters Fund shall be returned to the Society to be used for these purposes upon passage of a suitable resolution by a majority vote of the Board of Governors of the Society. (See Attachment B of Appendix C in the Board of Governors Manual.)

James G. Mitchell Fund

The purpose of the James G. Mitchell Fund is to provide income to the Society to be used as a cash award known as the James G. Mitchell Award. The James G. Mitchell Award was established in 1965 to be given for the best scientific paper presented at any of the sessions of the annual convention by a member (or members) of the Society 25 years old or younger who has applied or been recommended for the Award. Selection is made by the Awards Committee. The Fund was established by donors. The fund is managed as a temporarily restricted quasi-endowment fund. Annually the NSS withdrawals 5.5% of the Fund 's total value for this purpose. (See Attachment D of Appendix C in the Board of Governors Manual.)

John Guilday Cave Preserve Restricted Fund

The purpose of the John Guilday Caves Nature Preserve Restricted Fund is to provide funds in support of NSS operation and maintenance of the John Guilday Cave Preserve property in Pendleton County, West Virginia. The Fund was established by donors. These funds may be spent by the John Guilday Caves Nature Preserve Committee chairman subject to the Administrative Vice President’s approval.

Journal Restricted Fund

The Journal Restricted Fund is established for the purpose of augmenting the publication budget of the Journal of Cave and Karst Studies. At the end of the fiscal year any unexpended Journal advertising income and page charges shall be transferred to this fund. This fund may be spent by the Journal editor, subject to approval of the Executive Vice President.

Junior Speleological Society Restricted Fund

The purpose of the Junior Speleological Society restricted fund is to support NSS youth educational and recreational activities, including youth activities at the NSS conventions. The Fund was established by donors. These funds may be spent by the chairman of the Junior Speleological Society committee subject to Administrative Vice President approval.

Landowner Assistance Restricted Fund

The Landowner Assistance Fund is established and will be composed of donations and accrued income. To preserve access to caves and favorable caver-landowner relations, the Board of Governors may authorize expenditures from this fund for assistance to landowners who sustain damage or distress incidental to the caving activities of any person.

Lawsuit Defense

The President is authorized to spend up to $5000. From the NSS Convention Surplus Fund for legal and other expenses associated with defending the NSS Corporation and its officers, directors, and members of the 1999 NSS Convention staff against suits alleging they violated the copyright of Tom Miller in publishing the 199 NSS Convention guidebook. The President will work with the NSS Legal Committee to define the legal issues involved, describe our options for defense and estimate the penalties and risk associated with various potential resolutions. The President will report this information and provide his recommendation to the Board in a manner that recognizes its sensitive nature. The Board of Governors will determine further actions to be taken if and when a suit is filed.

Lew Bicking Fund

The purpose of the Lew Bicking Fund is to provide income to the Society to be used as a cash award known as the Lew Bicking Award. The Lew Bicking Award was established in 1965 to recognize an individual Society member who, through specific actions, has demonstrated a dedication to the thorough exploration of a cave or group of caves. Selection is made by the Awards Committee. The Fund was established by donors. The fund is managed as a temporarily restricted quasi-endowment fund. Annually the NSS withdraws 5.5% of the total fund's value. (See Attachment E of Appendix C in the Board of Governors Manual.)

Life Membership Fund

The purpose of the Life Membership Fund is to serve as a source of income to the Society sufficient to provide life members with the services normally furnished to regular members. All payments for or toward life or family-life membership shall be placed in the Life Membership Fund. From dues paid by sustaining or family-sustaining members, this includes only the actual excess of dues over regular or family dues, and not the 10 percent bonus credited to the life-membership account. The fund is managed as a temporarily restricted quasi-endowment fund. Annually, the Foundation returns to the Society all net income from the Life Membership Fund up to 100% of the current regular membership rate plus related surcharges for each living life member, not to exceed 5.5% of the Fund's total value. (See Attachment A of Appendix C in the Board of Governors Manual.)

Mammoth Cave Restoration Project Restricted Fund

The purpose of the Mammoth Cave Restoration restricted fund is to support the activities of the Mammoth Cave Restoration Project in accordance with the Cooperative Agreement between Mammoth Cave National Park and the National Speleological society. These funds may be spent by the Mammoth Cave Restoration Project agent of the Treasurer subject to Administrative Vice President approval.

Membership Committee Fund

The purpose of the Membership Committee Fund is to promote the work of the Membership Committee. The Fund was established by donors. The NSS Membership Committee chairman, subject to President approval, may spend these funds.

Merle and Bill Stephenson 50th Anniversary Fund

The purpose of the Merle and Bill Stephenson 50th Anniversary Fund shall be determined by a 2/3 vote of the NSS Board of Governors at its Annual Meeting in the year 2035. The Fund was established by donors. The principle of the Merle and Bill Stephenson 50th Anniversary Fund will be invested to maximize its return until 2035. All income will be reinvested in the Fund until that date. (See Attachment L of Appendix C in the Board of Governors Manual.)

National Cave Rescue Commission Fund

The purpose of the National Cave Rescue Commission funds are is to support the National Cave Rescue Commission. These Board of Governors designated funds are unrestricted funds.
NCRC Operations Restricted Fund - for National NCRC Coordinator office expenses
NCRC Insurance Restricted Fund - for NCRC insurance
NCRC Curriculum Restricted Fund - for NCRC training course curriculum
NCRC Certificate Restricted Fund - for NCRC training course certificates
NCRC Equipment Restricted Fund - for NCRC equipment

The National Coordinator of the National Cave Rescue Commission, subject to AVP approval, may spend these funds. Subsidiary funds may be established to support the NCRC regions and they may spent by each region’s NCRC Regional Coordinator subject to AVP approval.

NSS Library/Museum Building Trust Fund

The NSS Library/Museum Building Trust Fund is created to hold moneys designated for the purchase of land and the construction of a building or buildings to house the NSS Library, or the NSS Museum, or both either in separate buildings or combined in the same building. The purpose includes the design, construction and outfitting of an appropriate building or buildings including all normal and customary offices, display areas, stacks, archive facilities, research rooms, storage facilities, utilities, and equipment such as environmental and fire prevention and control systems appropriate to the irreplaceable nature of the collections to be housed in the Library or Museum. Procuring furniture, computer equipment, and other capital items associated primarily with the outfitting of an NSS Library or Museum also are proper uses of the moneys in the Fund. Such a building or buildings may, or may not, include existing structures, or portions of existing structures, located on the present NSS property in Huntsville, Alabama. It is intended that the fund be funded through donations. After completion of the construction and outfitting of a central facility or facilities to house the NSS Library, or the NSS Museum, or both, any remaining moneys in the Fund may be used for the acquisition of speleologically-significant publications and memorabilia to be housed in the NSS Library and/or Museum. No moneys from the Fund will be used to pay for the ordinary operation of the NSS Library and/or Museum including such expenses as personnel salaries. Decisions regarding the use of this fund for the above purpose shall be at the discretion of a two-thirds majority of the NSS Board of Governors. (See Attachment P of Appendix C.)

NSS Library Restricted Fund

The purpose of the NSS Library Restricted Fund is to provide funds for NSS Library purchase and preservation of cave and karst-related publications, library cataloging, storage, protection, library services to users, and Internet access. The Fund was established and will be maintained by transfers of unrestricted funds. These funds may be spent by the NSS Library chairman subject to the Operations Vice President’s approval.

The net income from selling books donated to the NSS Library shall be deposited in the NSS Library Fund.

NSS Museum Restricted Fund

The purpose of the NSS Museum Restricted Fund is to provide funds for NSS Museum capitol equipment. The fund was established through donations. These funds may be spent by the NSS Museum chairman subject to OVP approval.

NSS News Restricted Fund

The NSS News Restricted Fund is established for the purpose of augmenting the publication budget of the NSS News. At the end of the fiscal year any unexpended NSS News advertising income shall be transferred to this fund. This fund may be spent by the NSS News editor, subject to approval of the Executive Vice President.

NSS Northeast Cave Preserve Fund

The purpose of the NSS Northeast Cave Preserve Fund is to provide funds in support of NSS operation and maintenance of NSS cave preserves in the northeast United States. The Fund will consist of donations. These funds may be spent by the cave preserve committee chairman subject to the Administrative Vice President’s approval.

NSS Operating Surplus Designated Fund

The NSS Operating Surplus Designated Fund is established to smooth the normal variation in annual fiscal year NSS Operating Fund surpluses and deficits. At the end of each NSS fiscal year 50% of any NSS Operating Fund surplus from normal operations in that fiscal year will be deposited in the NSS Operating Surplus Designated Fund. Funds will be transferred from the NSS Operating Surplus Designated Fund to the NSS General Fund to cover any NSS Operating Fund deficit from normal NSS operations in a fiscal year. Each year one-fifth of NSS Operating Surplus Designated Fund may be transferred to the NSS Operating Fund as revenue to cover normal operating expenses subject to Board approval as a part of the normal NSS budget process. The initial NSS Operating Surplus Designated Fund shall consist of the FY 98/99 and FY 99/00 NSS Operating Fund surplus.

NSS Publication Trust Fund

The purpose of the NSS Publication Trust Fund is to provide funds for the publication of art and literature by the NSS. It was established through the transfer of restricted funds and may only be spent for this purpose. It may be spent by the Executive Vice President based upon a budget approved by the Board of Governors. It is a temporarily restricted fund and any withdrawals are repaid with interest through sales of the publication for which the money was withdrawn. (See Attachment O of Appendix C in the Board of Governors Manual.)

NSS Support Fund

The NSS Support Fund is a fund of the National Speleological Foundation which was established in 1974 in compliance with the wishes of the original donor. The income earned by the fund may be given on an as-needed basis to the NSS for conservation purposes upon request of the NSS Administrative Vice President or the Chairman of the Conservation Committee. The principal is to remain intact and, hopefully, to be increased by future donations. The Board of Governors may, upon a 3/4 vote, request that the Foundation trustees use all or part of the principal of the NSS Support Fund for a special purpose of the Society.

Nature Preserve Fund

The purpose of the Nature Preserve Fund is to serve as a source of funds to the Society sufficient to provide for the expenses of ownership of real estate, or any interest in real estate, which has been designated by the Board of Governors of the Society as a Nature Preserve of the National Speleological Society. The Fund was established by donations and transfers of unrestricted funds and is being managed as if it consists of all donations. Each fiscal year an amount up to 5.5% of the total fund value is used for this purpose. In addition to the amounts available annually, the NSS by 2/3 vote of the Board of Governors of the Society, may transfer to the Society any part of the Nature Preserve Fund needed for extraordinary expenses of the preserves. (See Attachment G of Appendix C in the Board of Governors Manual.)

Office Equipment Fund

An office equipment fund is established for the purpose of financing maintenance or replacement of office equipment or software. It may be periodically augmented through transfers of unrestricted funds and may be spent by the Operations Vice President based upon a budget approved by the Board of Governors.

Periodical Special Features Fund

The purpose of the Periodical Special Features Fund is to cover the cost of special features in any NSS periodical. After the net income of the Fund is sufficient to pay for the cost of special features in any NSS periodical, any additional net income may be used to supplement any NSS periodical's budget. The Fund was established by donors. The fund is managed as a temporarily restricted quasi-endowment fund. Each fiscal year an amount equal to 5.5% of the total fund value is transferred for this purpose. (See Attachment J of Appendix C in the Board of Governors Manual.)

Peter M. Hauer Fund

The purpose of the Peter M. Hauer Fund is to provide income to the Society to be used as a cash award known as the Peter M. Hauer Spelean History Award. The Peter M. Hauer Spelean History Award was established in 1979 to be given to an individual or group involved in an outstanding spelean history research project. The Fund was established by donors. The fund is managed as a temporarily restricted quasi-endowment fund. Annually the NSS withdraws 5.5% of the total fund's value. (See Attachment F of Appendix C in the Board of Governors Manual.)

Salon Restricted Fund

The purpose of the Salon Restricted Fund is to support NSS Salons. The Fund consists of donations, salon entry fees, and transfers of unrestricted funds. These funds may be spent by the NSS Salon Committee chairman subject to the Administrative Vice President’s approval.

Save-the-Caves Fund

The Save-the-Caves Fund shall be used to support the general conservation goals of the Society. This fund was established by donors. Money may be expended by Board action on the recommendation of the Conservation Committee and AVP or as authorized by Acts 18-289 (Loans to Conservation Task Forces), 19-321 (Conservation Grants), and 43-116 (Conservation Award). In addition, the Executive Committee may authorize the expenditure of up to 5.5% of the beginning value of the Save-the-Caves Fund in any fiscal year for the reprinting of NSS brochures, which promote the conservation goals of the Society.

Loans to Conservation Task Forces

The Executive Committee, upon recommendation of the Conservation Committee, may make interest-free loans to Conservation Task Forces (CTFs) to facilitate the carrying out of their purposes and goals. The money for the loans shall be taken from the Save-the-Caves Fund, and shall be repaid by the CTF to that fund. In the event that a CTF is unable, within a reasonable time, to repay the loan through fund raising, donations, or other means, the Board of Governors, upon recommendation of the Conservation Committee, may, at its option, declare the loan canceled. Although loans are to be considered as interest-free, CTFs are encouraged to donate money to the Save-the-Caves Fund above and beyond the principle.

Schoharie Caverns Fund

The Schoharie Caverns Fund consists of donations and camping fees which are used to rebuild and maintain the Schoharie cabin and Preserve. These funds may be spent by the chairman of the Schoharie Cabin Management Committee subject to the approval of the Administrative Vice President.

Shelta Cave Preserve Fund

The Shelta Cave Preserve Fund is established as a “temporary restricted” fund dedicated to supporting the management of Shelta Cave, including costs associated with removal of current gate, construction and maintenance of effective sinkhole enclosures, cave environment monitoring and other costs necessary to preserve and protect the cave. The fund consists of donations.

Spring Hill Cave NSS Restricted Fund

The Spring Hill Restricted Fund is closed. The balance is transferred to the Landowner Assistance Restricted Fund.

Vandalism Deterrence Reward Fund

The purpose of the Vandalism Deterrence Reward Fund is to pay any rewards which may be required to be paid as a result of the Society's standing offer of a $250 to $1,000 reward for information leading to the arrest and conviction of persons guilty of violating cave protection laws. It was established by donors and may be periodically augmented through transfers of unrestricted funds. The funds may be spent by the Administrative Vice President in accordance with Appendix W. (See Attachment H of Appendix C and Appendix W in the Board of Governors Manual.)

Web Site Restricted Fund

The Web Site Restricted Fund is established to pay expenses associated with the operation, maintenance, and improvement of the NSS Web Site. Income generated by the Web Site, not attributable to any other committee, shall accrue directly to the Web Site account. At the end of the fiscal year, any unexpended Web Site income shall be transferred to this account. The chairman of the Information Technology Committee, with the approval of the Operations Vice President, may spend these funds.

Cross References

28-432 Donations to the Foundation
60-455 International Exploration Committee
63-438 Value of Donations
60-483 U.S. Exploration Committee
26-511 Schoharie Caverns Preserve Committee
97-396 Audio-Visual Aids Library Committee
97-478 Video Program Advertising and Sales Policy
26-402 Trout Rock Property
19-378 Research Grants
Appendix C

9-15-07

Home Page Acts Index Manual Contents