20 U.S.C. § 195 — Gifts, bequests, or devises for benefit of Na-

Page 94 TITLE 20—EDUCATION § 192 sai collections at the National Arboretum may be con- structed with funds accepted under the provisions of Public Law 94–129 (20 U.S.C. 195) and the limitation on construction contained in the Act of August 24, 1912 (40 U.S.C. 68) [now 40 U.S.C. 8106] shall not apply to the construction of such facilities’’. Similar provisions were contained in the following prior appropriations acts: Pub. L. 102–341, title I, Aug. 14, 1992, 106 Stat. 878. Pub. L. 102–142, title I, Oct. 28, 1991, 105 Stat. 883. Pub. L. 101–506, title I, Nov. 5, 1990, 104 Stat. 1320. Pub. L. 101–161, title I, Nov. 21, 1989, 103 Stat. 956. Pub. L. 100–460, title I, Oct. 1, 1988, 102 Stat. 2234. Pub. L. 100–202, § 101(k) [title I], Dec. 22, 1987, 101 Stat. 1329–322, 1329–327. Pub. L. 99–500, § 101(a) [title I], Oct. 18, 1986, 100 Stat. 1783, 1783–5, and Pub. L. 99–591, § 101(a) [title I], Oct. 30, 1986, 100 Stat. 3341, 3341–5. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Or- ganization and Employees. DELEGATION OF FUNCTIONS Authority of President under this section to transfer to jurisdiction of Secretary of Agriculture for purposes of this chapter any land belonging to United States within or adjacent to District of Columbia located along Anacostia River north of Benning Bridge dele- gated to Administrator of General Services, see section 1(18) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The Presi- dent. § 192. Omitted Editorial Notes CODIFICATION Section, act Mar. 4, 1927, ch. 505, § 2, 44 Stat. 1422, au- thorized appropriation of $300,000 to be expended for ac- quisition of land specified in section 191 of this title. § 193. Administration of arboretum In order to stimulate research and discovery the national arboretum established by the Sec- retary of Agriculture in accordance with the provisions of this chapter shall be under com- petent scientific direction. The arboretum shall be administered by the Secretary of Agriculture separately from the agricultural, horticultural, and forestry stations of the Department of Agri- culture, but it shall be so correlated with them as to bring about the most effective utilization of its facilities and discoveries. (Mar. 4, 1927, ch. 505, § 3, 44 Stat. 1422.) § 194. Advisory council The Secretary of Agriculture is authorized to create an advisory council in relation to the plan and development of the national arboretum to be established under this chapter, to include representatives of national organizations inter- ested in the work of the arboretum. (Mar. 4, 1927, ch. 505, § 4, 44 Stat. 1422.) Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COUNCILS Advisory councils in existence on Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod following Jan. 5, 1973, unless, in the case of a coun- cil established by the President or an officer of the Federal Government, such council is renewed by appro- priate action prior to the expiration of such 2-year pe- riod, or in the case of a council established by the Con- gress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organi- zation and Employees. § 195. Gifts, bequests, or devises for benefit of Na- tional Arboretum; separate fund in the Treasury Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to so- licit, accept, receive, hold, utilize, and admin- ister on behalf of the United States gifts, be- quests, or devises of real and personal property made for the benefit of the National Arboretum or for the carrying out of any of its functions. For the purposes of the Federal income, estate, and gift tax laws, property accepted under the authority of this section shall be considered as a gift, bequest, or devise to the United States. Any gift of money accepted pursuant to the au- thority granted in this section, or the net pro- ceeds from the liquidation of any property so ac- cepted, or the proceeds of any insurance on any gift property not used for its restoration shall be deposited in the Treasury of the United States for credit to a separate fund and shall be dis- bursed upon order of the Secretary of Agri- culture. (Mar. 4, 1927, ch. 505, § 5, as added Pub. L. 94–129, Nov. 13, 1975, 89 Stat. 683; amended Pub. L. 104–127, title VIII, § 890(a), Apr. 4, 1996, 110 Stat. 1181.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–127 inserted ‘‘solicit,’’ after ‘‘author- ized to’’ in first sentence. § 196. Concessions, fees, and voluntary services (a) In general Notwithstanding chapters 1 to 11 and section 1302 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Secretary of Agri- culture, in furtherance of the mission of the Na- tional Arboretum, may— (1) negotiate concessions and agreements for the National Arboretum with nonprofit sci- entific or educational organizations, the inter- ests of which are complementary to the mis- sion of the National Arboretum, or nonprofit organizations that support the purpose of the National Arboretum, except that the net pro- ceeds of the organizations from the conces- sions or agreements, as applicable, shall be used exclusively for— (A) the research and educational work for the benefit of the National Arboretum; and (B) the operation and maintenance of the facilities of the National Arboretum, includ- ing enhancements, upgrades, restoration, and conservation; (2) provide by concession, on such terms as the Secretary of Agriculture considers appro- priate and necessary, for commercial services