54 U.S.C. § 102503 — Authority of Secretary

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. Page 64 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 102504 (d) EXCHANGES.—The Secretary may make ex- changes by accepting museum objects and other personal property and by granting in exchange for the museum objects or other personal prop- erty museum property under the administrative jurisdiction of the Secretary that no longer is needed or that may be held in duplicate among the museum properties administered by the Sec- retary. Exchanges shall be consummated on a basis that the Secretary considers to be equi- table and in the public interest. (e) ACCEPTANCE OF LOANS OF PROPERTY.—The Secretary may accept the loan of museum ob- jects and other personal property and pay trans- portation costs incidental to the museum ob- jects or other personal property. Loans shall be accepted on terms and conditions that the Sec- retary considers necessary. (f) LOANS OF PROPERTY.—The Secretary may loan to responsible public or private organiza- tions, institutions, or agencies, without cost to the United States, such museum objects and other personal property as the Secretary shall consider advisable. Loans shall be made on terms and conditions that the Secretary con- siders necessary to protect the public interest in those properties. (g) TRANSFER OF MUSEUM OBJECTS.—The Sec- retary may transfer museum objects that the Secretary determines are no longer needed for museum purposes to qualified Federal agencies, including the Smithsonian Institution, that have programs to preserve and interpret cul- tural or natural heritage, and accept the trans- fer of museum objects for the purposes of this chapter from any other Federal agency, without reimbursement. The head of any other Federal agency may transfer, without reimbursement, museum objects directly to the administrative jurisdiction of the Secretary for the purpose of this chapter. (h) CONVEYANCE OF MUSEUM OBJECTS.—The Secretary may convey museum objects that the Secretary determines are no longer needed for museum purposes, without monetary consider- ation but subject to such terms and conditions as the Secretary considers necessary, to private institutions exempt from Federal taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and to non-Fed- eral governmental entities if the Secretary de- termines that the recipient is dedicated to the preservation and interpretation of natural or cultural heritage and is qualified to manage the property, prior to any conveyance under this subsection and subsection (g). (i) DESTRUCTION OF MUSEUM OBJECTS.—The Secretary may destroy or cause to be destroyed museum objects that the Secretary determines to have no scientific, cultural, historic, edu- cational, esthetic, or monetary value. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3158.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 102503(a) through (f). 16 U.S.C. 18f (less 1st sentence). July 1, 1955, ch. 259, § 1 (less 1st sentence), 69 Stat. 242; Pub. L. 104–333, div. I, title VIII, § 804(a)(1), Nov. 12, 1996, 110 Stat. 4187. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 102503(g) through (i). 16 U.S.C. 18f–2(a). July 1, 1955, ch. 259, § 2(a), as added Pub. L. 104–333, div. I, title VIII, § 804(a)(2), Nov. 12, 1996, 110 Stat. 4187. § 102504. Review and approval The Secretary shall ensure that museum ob- jects are treated in a careful and deliberate manner that protects the public interest. Prior to taking any action under subsection (g), (h), or (i) of section 102503 of this title, the Secretary shall establish a systematic review and approval process, including consultation with appropriate experts, that meets the highest standards of the museum profession for all actions taken under those subsections. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3159.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 102504 ......... 16 U.S.C. 18f–2(b). July 1, 1955, ch. 259, § (2)(b), as added Pub. L. 104–333, div. I, title VIII, § 804(a)(2), Nov. 12, 1996, 110 Stat. 4188. CHAPTER 1027—LAW ENFORCEMENT AND EMERGENCY ASSISTANCE SUBCHAPTER I—LAW ENFORCEMENT Sec. 102701. Law enforcement personnel within System. 102702. Crime prevention assistance. SUBCHAPTER II—EMERGENCY ASSISTANCE 102711. Authority of Secretary to use applicable ap- propriations for the System to render as- sistance to nearby law enforcement and fire prevention agencies and for related activi- ties outside the System. 102712. Aid to visitors, grantees, permittees, or li- censees in emergencies. SUBCHAPTER I—LAW ENFORCEMENT § 102701. Law enforcement personnel within Sys- tem (a) OFFICERS AND EMPLOYEES OF THE DEPART- MENT OF THE INTERIOR.— (1) DESIGNATION AUTHORITY OF SECRETARY.— The Secretary, pursuant to standards pre- scribed in regulations by the Secretary, may designate certain officers or employees of the Department of the Interior who shall maintain law and order and protect individuals and property within System units. (2) POWERS AND DUTIES OF DESIGNEES.—In the performance of the duties described in para- graph (1), the designated officers or employees may— (A) carry firearms; (B) make arrests without warrant for any offense against the United States committed in the presence of the officer or employee, or for any felony cognizable under the laws of the United States if the officer or employee has reasonable grounds to believe that the individual to be arrested has committed or