54 U.S.C. § 102303 — National Park System Advisory Board

Page 61 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 102303 1 So in original. Probably should be ‘‘RESPONSIBILITIES’’. (b) GRANT ELIGIBILITY.— (1) ELIGIBLE ORGANIZATIONS.—Eligibility for grants shall be limited to organizations— (A) that are of demonstrated national sig- nificance; and (B) that meet at least 2 of the criteria stated in paragraph (2). (2) CRITERIA.—The criteria referred to in paragraph (1) are the following: (A) The organization has an annual oper- ating budget in excess of $1,000,000. (B) The organization has an annual audi- ence or visitation of at least 200,000 people. (C) The organization has a paid staff of at least 100 individuals. (D) The organization is eligible under sec- tion 320102(f) of this title. (3) ORGANIZATIONS NOT ELIGIBLE.—Public or private colleges and universities are not eligi- ble for grants under the program under this section. (c) USE OF GRANTS.—Grants awarded under this section may be used to support general op- erations and maintenance, security, or special projects. No organization may receive a grant in excess of $500,000 in a single year. (d) RESPONSBILITIES 1 OF DIRECTOR.—The Direc- tor shall— (1) establish an application process; (2) appoint a review panel of 5 qualified indi- viduals, at least a majority of whom reside in the National Capital region; and (3) develop other program guidelines and definitions as required. (e) FORD’S THEATER AND WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS.—The contrac- tual amounts required for the support of Ford’s Theater and Wolf Trap National Park for the Performing Arts shall be available within the amount provided in this section without regard to any other provision of this section. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3154.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 102302 ......... 16 U.S.C. 1e. Pub. L. 98–473, title I, § 101(c) [title I, § 100], Oct. 12, 1984, 98 Stat. 1837, 1844; Pub. L. 89–671, § 14(c), as added Pub. L. 107–219, § 1(a)(3), Aug. 21, 2002, 116 Stat. 10330.) § 102303. National Park System Advisory Board (a) DEFINITION.—In this section, the term ‘‘Board’’ means the National Park System Advi- sory Board established under subsection (b). (b) ESTABLISHMENT AND PURPOSE.—There is es- tablished a National Park System Advisory Board, whose purpose is to advise the Director on matters relating to the Service, the System, and programs administered by the Service. The Board shall advise the Director on matters sub- mitted to the Board by the Director as well as any other issues identified by the Board. (c) MEMBERSHIP.— (1) APPOINTMENT AND TERM OF OFFICE.—Mem- bers of the Board shall be appointed on a stag- gered term basis by the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary. (2) COMPOSITION.—The Board shall be com- posed of no more than 12 persons, appointed from among citizens of the United States hav- ing a demonstrated commitment to the mis- sion of the Service. Board members shall be selected to represent various geographic re- gions, including each of the administrative re- gions of the Service. At least 6 of the members shall have outstanding expertise in one or more of the following fields: history, arche- ology, anthropology, historical or landscape architecture, biology, ecology, geology, ma- rine science, or social science. At least 4 of the members shall have outstanding expertise and prior experience in the management of na- tional or State parks or protected areas, or natural or cultural resources management. The remaining members shall have out- standing expertise in one or more of the areas described above or in another professional or scientific discipline, such as financial manage- ment, recreation use management, land use planning, or business management, important to the mission of the Service. At least one in- dividual shall be a locally elected official from an area adjacent to a park. (3) FIRST MEETING.—The Board shall hold its 1st meeting no later than 60 days after the date on which all members of the Board who are to be appointed have been appointed. (4) VACANCY.—Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner in which the original ap- pointment was made. (5) COMPENSATION.—All members of the Board shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Board while away from home or their regular place of business, in accordance with subchapter I of chapter 57 of title 5. With the exception of travel and per diem, a member of the Board who otherwise is an officer or employee of the United States Government shall serve on the Board without additional compensation. (d) DUTIES AND POWERS OF BOARD.— (1) ADOPT RULES.—The Board may adopt such rules as may be necessary to establish its procedures and to govern the manner of its op- erations, organization, and personnel. (2) ADVICE AND RECOMMENDATIONS.—The Board shall advise the Secretary on matters relating to the System, to other related areas, and to the administration of chapter 3201 of this title, including matters submitted to it for consideration by the Secretary, but it shall not be required to provide recommendations as to the suitability or desirability of surplus real and related personal property for use as a historic monument. The Board shall also pro- vide recommendations on the designation of national historic landmarks and national nat- ural landmarks. The Board is strongly encour- aged to consult with the major scholarly and professional organizations in the appropriate disciplines in making the recommendations. (3) ACTIONS ON REQUEST OF DIRECTOR.—On re- quest of the Director, the Board is authorized to— Page 62 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 102303 (A) hold such hearings and sit and act at such times; (B) take such testimony; (C) have such printing and binding done; (D) enter into such contracts and other ar- rangements; (E) make such expenditures; and (F) take such other actions as the Board may consider advisable. (4) OATHS OR AFFIRMATIONS.—Any member of the Board may administer oaths or affirma- tions to witnesses appearing before the Board. (5) COMMITTEES AND SUBCOMMITTEES.—The Board may establish committees or sub- committees. The subcommittees or commit- tees shall be chaired by a voting member of the Board. (6) USE OF MAILS.—The Board may use the United States mails in the same manner and under the same conditions as other depart- ments and agencies in the United States. (e) STAFF.—The Secretary may hire 2 full-time staffers to meet the needs of the Board. (f) FEDERAL LAW NOT APPLICABLE TO SERV- ICE.—Service as a member of the Board shall not be deemed service or employment bringing the individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or pen- alties relating to the employment of individuals, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member or an em- ployee of the Board shall not be deemed service in an appointive or elective position in the Fed- eral Government for purposes of section 8344 of title 5 or comparable provisions of Federal law. (g) COOPERATION OF FEDERAL AGENCIES.— (1) INFORMATION.—The Board may secure di- rectly from any office, department, agency, es- tablishment, or instrumentality of the Federal Government such information as the Board may require for the purpose of this section, and each office, department, agency, establish- ment, or instrumentality shall furnish, to the extent permitted by law, the information, sug- gestions, estimates, and statistics directly to the Board, on request made by a member of the Board. (2) FACILITIES AND SERVICES.—On request of the Board, the head of any Federal depart- ment, agency, or instrumentality may make any of the facilities and services of the depart- ment, agency, or instrumentality available to the Board, on a nonreimbursable basis, to as- sist the Board in carrying out its duties under this section. (h) CHAPTER 10 OF TITLE 5.—Chapter 10 of title 5, with the exception of section 1013(b), applies to the Board. (i) TERMINATION.—The Board continues to exist until January 1, 2010. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3155; Pub. L. 117–286, § 4(a)(330), Dec. 27, 2022, 136 Stat. 4342.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 102303(a) ..... no source. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 102303(b) ..... 16 U.S.C. 463(a) (1st, 2d sentences). Aug. 21, 1935, ch. 593, § 3(a) through (f), 49 Stat. 667; Pub. L. 91–383, § 9, Aug. 18, 1970, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1940; amended Pub. L. 95–625, title VI, § 604(2), Nov. 10, 1978, 92 Stat. 3518; Pub. L. 101–628, title XII, § 1211, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 104–333, div. I, title VIII, § 814(f)(1), Nov. 12, 1996, 110 Stat. 4197; Pub. L. 109–156, § 5, Dec. 30, 2005, 119 Stat. 2948; Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. 2107; Pub. L. 111–8, div. E, title I, (last par. under heading ‘‘ADMINIS- TRATIVE PROVISIONS’’), Mar. 11, 2009, 123 Stat. 710. 102303(c)(1), (2). 16 U.S.C. 463(a) (3d through 9th sen- tences). 102303(c)(3) 16 U.S.C. 463(a) (10th sentence). 102303(c)(4) 16 U.S.C. 463(a) (11th sentence). 102303(c)(5) 16 U.S.C. 463(a) (13th, 14th sen- tences). 102303(d)(1) 16 U.S.C. 463(a) (12th sentence). 102303(d)(2) 16 U.S.C. 463(a) (15th through last sen- tences). 102303(d)(3) through (5). 16 U.S.C. 463(c). 102303(d)(6) 16 U.S.C. 463(e)(3). 102303(e) ..... 16 U.S.C. 463(b)(1). 102303(f) ..... 16 U.S.C. 463(b)(2). 102303(g) ..... 16 U.S.C. 463(e)(1), (2). 102303(h) .... 16 U.S.C. 463(d), (f) (last sentence). 102303(i) ..... 16 U.S.C. 463(f) (1st sentence). In subsection (c)(2), the words ‘‘natural or cultural’’ are substituted for ‘‘national or cultural’’ to correct an error in the source provision. Editorial Notes AMENDMENTS 2022—Subsec. (h). Pub. L. 117–286 substituted ‘‘Chap- ter 10 of Title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Chapter 10 of title 5, with the ex- ception of section 1013(b),’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.), with the exception of section 14(b),’’ in text. Statutory Notes and Related Subsidiaries AUTHORIZATION OF APPROPRIATIONS Pub. L. 104–333, div. I, title VIII, § 814(f)(2), Nov. 12, 1996, 110 Stat. 4199, provided that: ‘‘There are author- ized to be appropriated to the National Park System Advisory Board $200,000 per year to carry out the provi- sions of section 3 of the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463) [see 54 U.S.C. 102303, 102304].’’ [Pub. L. 104–333, div. I, title VIII, § 814(f)(3), Nov. 12, 1996, 110 Stat. 4199, provided that: ‘‘This subsection [amending former section 463 of Title 16, Conservation, and enacting provisions set out as a note above] shall take effect on December 7, 1997.’’] NEW YORK CITY NATIONAL SHRINES ADVISORY BOARD Act Aug. 11, 1955, ch. 779, §§ 1, 2, 69 Stat. 632, as amend- ed by Pub. L. 85–658, Aug. 14, 1958, 72 Stat. 613, provided for the appointment of an advisory board, to be known as the New York City National Shrines Advisory Board, to render advice to the Secretary of the Interior and to further public participation in the rehabilitation, de- velopment and the preservation of those historic prop- Page 63 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 102503 erties in the New York City area that are of great na- tional significance, identified as the Federal Hall Na- tional Memorial, Castle Clinton National Monument, and the Statue of Liberty National Monument, to con- duct a study of these historic properties, and to submit recommendations concerning their preservation and administration to the Secretary of the Interior, such report and recommendations of the Board to be trans- mitted to the Congress by the Secretary of the Interior, together with his recommendations thereon, within one year following the date of the establishment of the Board, and with the Board to cease to exist when the Secretary of the Interior found that its purposes had been accomplished. The Secretary of the Interior was authorized to accept donations of funds for rehabilita- tion, development and preservation of the historic properties including any made upon condition that such funds are to be expended only if Federal funds in an amount equal to the donated funds are appropriated for such purposes. § 102304. National Park Service Advisory Council (a) DEFINITIONS.—In this section: (1) BOARD.—The term ‘‘Board’’ means the National Park System Advisory Board estab- lished under section 102303 of this title. (2) COUNCIL.—The term ‘‘Council’’ means the National Park Service Advisory Council estab- lished under subsection (b). (b) ESTABLISHMENT AND PURPOSE.—There is es- tablished a National Park Service Advisory Council that shall provide advice and counsel to the Board. (c) MEMBERSHIP.— (1) ELIGIBILITY.—Membership on the Council shall be limited to individuals whose term on the Board has expired. Those individuals may serve as long as they remain active except that not more than 12 members may serve on the Council at any one time. (2) COMPENSATION.—Members of the Council shall receive no salary but may be paid ex- penses incidental to travel when engaged in discharging their duties as members. (d) VOTING RESTRICTION.—Members of the Council shall not have a vote on the Board. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3157.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 102304(a)(1) no source. 102304(a)(2), (b). 16 U.S.C. 463(g) (1st sentence). Aug. 21, 1935, ch. 593, § 3(g), as added Pub. L. 101–628, title XII, § 1212, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 104–333, div. I, title VIII, § 814(f)(1)(B), Nov. 12, 1996, 110 Stat. 4198. 102304(c)(1) 16 U.S.C. 463(g) (2d, 3d, 6th, last sen- tences). 102304(c)(2) 16 U.S.C. 463(g) (5th sentence). 102304(d) ..... 16 U.S.C. 463(g) (4th sentence). In subsection (c)(1), the text of 16 U.S.C. 463(g) (6th and last sentences) is omitted as obsolete. CHAPTER 1025—MUSEUMS Sec. 102501. Purpose. 102502. Definition of museum object. 102503. Authority of Secretary. 102504. Review and approval. § 102501. Purpose The purpose of this chapter is to increase the public benefits from museums established with- in System units as a means of informing the public concerning the areas and preserving valu- able objects and relics relating to the areas. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3157.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 102501 ......... 16 U.S.C. 18f (1st sentence). July 1, 1955, ch. 259, § 1 (1st sentence), 69 Stat. 242. Statutory Notes and Related Subsidiaries DISPOSAL OF UNNECESSARY OR DUPLICATE MUSEUM OBJECTS; USE OF PROCEEDS Pub. L. 101–512, title I, § 116, Nov. 5, 1990, 104 Stat. 1937, provided that: ‘‘In fiscal year 1991 and thereafter, the Secretary may exercise the authorities granted in the Act of July 1, 1955 (16 U.S.C. 18f) [see 54 U.S.C. 102501, 102503(a)–(f)] in administration of the Depart- ment of the Interior Museum, and may dispose of ob- jects no longer needed for the Museum or held in dupli- cate among museum properties and apply the proceeds to the purchase of museum objects, museum collec- tions, and other personal properties at reasonable prices.’’ § 102502. Definition of museum object In this chapter: (1) IN GENERAL.—The term ‘‘museum object’’ means an object that— (A) typically is movable; and (B) is eligible to be, or is made part of, a museum, library, or archive collection through a formal procedure, such as accessioning. (2) INCLUSIONS.—The term ‘‘museum object’’ includes a prehistoric or historic artifact, work of art, book, document, photograph, or natural history specimen. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3157.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 102502 ......... 16 U.S.C. 18f–3(b). July 1, 1955, ch. 259, § 3(b), as added Pub. L. 104–333, div. I, title VIII, § 804(b), Nov. 12, 1996, 110 Stat. 4188. The words ‘‘museum collections’’ are omitted as un- necessary. § 102503. Authority of Secretary (a) IN GENERAL.—Notwithstanding other provi- sions or limitations of law, the Secretary may perform the functions described in this section in the manner that the Secretary considers to be in the public interest. (b) DONATIONS AND BEQUESTS.—The Secretary may accept donations and bequests of money or other personal property, and hold, use, expend, and administer the money or other personal property for purposes of this chapter. (c) PURCHASES.—The Secretary may purchase museum objects and other personal property at prices that the Secretary considers to be reason- able.