20 U.S.C. § 191 — Establishment; site; acquisition of land

Page 93 TITLE 20—EDUCATION § 191 Section 142, act May 3, 1876, ch. 90, § 7, 19 Stat. 50, pro- vided that superintendent be in charge of lands and other property of the school, books of accounts, reg- ister of boys, and examination of school and accounts. Section 143, act Mar. 3, 1881, ch. 134, § 1, 21 Stat. 459, dealt with a report of school officers to District com- missioners. Section 144, acts Aug. 6, 1890, ch. 724, § 1, 26 Stat. 307; Mar. 3, 1905, ch. 1483, 33 Stat. 1211, dealt with disposi- tion of proceeds of the school farm and shops. Section 145, acts May 3, 1876, ch. 90, § 8, 19 Stat. 50; June 5, 1900, ch. 715, 31 Stat. 266, dealt with commit- ment of boys under age 17 to the school. Section 146, acts May 3, 1876, ch. 90, § 9, 19 Stat. 51; June 5, 1900, ch. 715, 31 Stat. 267, related to period of de- tention. Section 147, act May 3, 1876, ch. 90, § 10, 19 Stat. 51, limited number of boys at the school to number that can be properly accommodated. Section 148, act May 3, 1876, ch. 90, § 11, 19 Stat. 51, dealt with penalties for enticing boy from school or harboring escaped boy, and for arrest and return of escapees. Section 149, act May 3, 1876, ch. 90, § 12, 19 Stat. 51, dealt with employment and instruction of boys, appren- ticing, and indentures of apprenticeship. Section 150, act Feb. 26, 1909, ch. 217, § 1, 35 Stat. 657, dealt with release on parole of juvenile offenders com- mitted to the school. Section 151, act Feb. 26, 1909, ch. 217, § 2, 35 Stat. 657, authorized board of trustees to parole boys, subject to approval of Attorney General in certain cases. Section 152, acts May 3, 1876, ch. 90, § 13, 19 Stat. 51; Aug. 1, 1914, ch. 223, § 1, 38 Stat. 657; Mar. 28, 1918, ch. 28, § 1, 40 Stat. 494, dealt with District support of boys com- mitted, accounts, payment, and rates. CHAPTER 10—NATIONAL TRAINING SCHOOL FOR GIRLS §§ 161 to 174. Omitted Editorial Notes CODIFICATION Sections provided for the National Training School for Girls. Act Aug. 3, 1951, ch. 291, § 1, 65 Stat. 154, pro- vided that no new commitments to the National Train- ing School for Girls should be made after Aug. 3, 1951. Act July 31, 1953, ch. 299, § 1, 67 Stat. 286, redesignated the National Training School for Girls as the Industrial Home School for Colored Girls and authorized construc- tion of a new Industrial Home School for Colored Chil- dren near Laurel, Maryland. Act July 1, 1954, ch. 449, § 1, 68 Stat. 385, provided that the Industrial Home School for Colored Girls shall be combined with and become a part of the Industrial Home School for Colored Chil- dren. Act Sept. 4, 1957, Pub. L. 85–285, § 1, 71 Stat. 610, provided in part for the disposition of the land of the United States reserved for a site for the National Training School for Girls by the Act of July 14, 1892 (27 Stat. 165), as amended. Section 161, act June 26, 1912, ch. 182, § 1, 37 Stat. 171, provided that District reform school for girls should be known as National Training School for Girls. Section 162, acts July 9, 1888, §§ 1, 7, 25 Stat. 245, 246; June 26, 1912, ch. 182, § 1, 37 Stat. 171; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, dealt with incorporation. Section 163, acts July 9, 1888, ch. 595, § 2, 25 Stat. 245; June 26, 1912, ch. 182, § 1, 37 Stat. 171; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, provided authority to establish and maintain a training school for girls within District of Columbia. Section 164, acts July 9, 1888, ch. 595, § 3, 25 Stat. 246; May 27, 1908, ch. 200, § 1, 35 Stat. 380; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, provided same power and authority as board of trustees of National Training School for Boys had in relation to boys. Section 165, acts May 3, 1876, ch. 90, § 15, 19 Stat. 52; July 9, 1888, ch. 595, § 5, 25 Stat. 246; Feb. 25, 1901, ch. 478, 31 Stat. 810; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, author- ized making of by-laws, rules, and regulations. Section 166, acts July 9, 1888, ch. 595, § 4, 25 Stat. 246; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, dealt with appoint- ment and compensation of officers and employees. Section 167, acts Feb. 28, 1923, ch. 148, § 1, 42 Stat. 1358; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, dealt with control over inmates. Section 168, acts July 9, 1888, ch. 595, § 6, 25 Stat. 246; June 26, 1912, ch. 182, § 1, 37 Stat. 171, dealt with applica- bility of laws relating to National Training School for Boys to school for girls. Section 169, acts May 3, 1876, ch. 90, § 8, 19 Stat. 50; July 9, 1888, ch. 595, § 6, 25 Stat. 245; Feb. 25, 1901, ch. 478, 31 Stat. 809; Mar. 19, 1906, ch. 960, § 8, 34 Stat. 73; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208; Aug. 3, 1951, ch. 291, § 3, 65 Stat. 154, related to commitment of girls under 17 years of age. Section 170, acts May 3, 1876, ch. 90, § 9, 19 Stat. 51; July 9, 1888, ch. 595, § 6, 25 Stat. 245; Feb. 25, 1901, ch. 478, 31 Stat. 810; June 26, 1912, ch. 182, § 1, 37 Stat. 171, re- lated to period of detention. Section 171, act Apr. 15, 1910, ch. 164, § 1, 36 Stat. 300, dealt with release on parole of juvenile offenders com- mitted to the school. Section 172, acts Apr. 15, 1910, ch. 164, § 2, 36 Stat. 300; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, authorized parole of girls, subject to approval of the Attorney General in certain cases. Section 173, act June 5, 1920, ch. 234, § 1, 41 Stat. 865, dealt with disbursement of appropriations for the school. Section 174, act July 9, 1888, ch. 595, § 8, 25 Stat. 246, reserved to Congress the right to alter, amend, or re- peal this chapter. CHAPTER 11—NATIONAL ARBORETUM Sec. 191. Establishment; site; acquisition of land. 192. Omitted. 193. Administration of arboretum. 194. Advisory council. 195. Gifts, bequests, or devises for benefit of Na- tional Arboretum; separate fund in the Treasury. 196. Concessions, fees, and voluntary services. 197. Construction of Chinese Garden at the Na- tional Arboretum. § 191. Establishment; site; acquisition of land The Secretary of Agriculture is authorized and directed to establish and maintain a national ar- boretum for purposes of research and education concerning tree and plant life. For the purposes of this chapter, (1) the President is authorized to transfer to the jurisdiction of the Secretary of Agriculture by Executive order any land which now belongs to the United States within or adja- cent to the District of Columbia located along the Anacostia River north of Benning Bridge, and (2) the Secretary of Agriculture is author- ized in his discretion to acquire, within the lim- its of the appropriation authorized by this chap- ter by private purchase, condemnation pro- ceedings, or gift, land so located or other land within or adjacent to the District of Columbia: Provided, That the purchase price of any part of said land shall not exceed the full value assess- ment of such property last made before purchase thereof plus 25 per centum of such assessed value. (Mar. 4, 1927, ch. 505, § 1, 44 Stat. 1422.) Statutory Notes and Related Subsidiaries FACILITIES TO HOUSE BONSAI COLLECTIONS Pub. L. 103–111, title I, Oct. 21, 1993, 107 Stat. 1051, pro- vided in part: ‘‘That hereafter, facilities to house bon- 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