§102303 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

Creates a National Park System Advisory Board that must advise the Director about the National Park Service, the national park system, and programs the Service runs. Board — the group created by the law to give that advice. The Secretary appoints members for staggered terms up to 4 years, and they serve at the Secretary’s pleasure. The Board can have up to 12 U.S. citizens who support the Service’s mission and represent different regions. At least 6 must be experts in fields like history, archaeology, anthropology, landscape architecture, biology, ecology, geology, marine science, or social science. At least 4 must have experience managing national or State parks or protected areas. Others must have relevant professional skills, and at least one member must be a locally elected official from next to a park. The Board must meet for the first time within 60 days after all members are appointed. Vacancies do not stop the Board and are filled the same way. Members get travel and per diem paid under federal rules. Federal employees on the Board do not get extra pay except for travel. The Board may make its own operating rules. It advises the Secretary and gives recommendations on national historic and national natural landmark designations. It is encouraged to consult major scholarly groups. At the Director’s request the Board may hold hearings, take testimony, enter contracts, spend funds, and do related work; members may administer oaths. The Board may form committees, use the U.S. mail, and the Secretary may hire two full-time staff. Service on the Board is not treated as federal employment for certain conflict-of-interest and retirement laws. Federal agencies must give information and may provide services to the Board when asked. Most rules in chapter 10 of title 5 apply, except section 1013(b). The Board continues until January 1, 2010.

Title 54, §102303

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)In this section, the term “Board” means the National Park System Advisory Board established under subsection (b).

(b)There is established 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 submitted to the Board by the Director as well as any other issues identified by the Board.

(c)(1)Members of the Board shall be appointed on a staggered term basis by the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary.

(2)The Board shall be composed of no more than 12 persons, appointed from among citizens of the United States having a demonstrated commitment to the mission of the Service. Board members shall be selected to represent various geographic regions, including each of the administrative regions of the Service. At least 6 of the members shall have outstanding expertise in one or more of the following fields: history, archeology, anthropology, historical or landscape architecture, biology, ecology, geology, marine science, or social science. At least 4 of the members shall have outstanding expertise and prior experience in the management of national or State parks or protected areas, or natural or cultural resources management. The remaining members shall have outstanding expertise in one or more of the areas described above or in another professional or scientific discipline, such as financial management, recreation use management, land use planning, or business management, important to the mission of the Service. At least one individual shall be a locally elected official from an area adjacent to a park.

(3)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)Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

(5)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)(1)The Board may adopt such rules as may be necessary to establish its procedures and to govern the manner of its operations, organization, and personnel.

(2)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 provide recommendations on the designation of national historic landmarks and national natural landmarks. The Board is strongly encouraged to consult with the major scholarly and professional organizations in the appropriate disciplines in making the recommendations.

(3)On request of the Director, the Board is authorized to—

(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 arrangements;

(E)make such expenditures; and

(F)take such other actions

(4)Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board.

(5)The Board may establish committees or subcommittees. The subcommittees or committees shall be chaired by a voting member of the Board.

(6)The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies in the United States.

(e)The Secretary may hire 2 full-time staffers to meet the needs of the Board.

(f)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 penalties 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 employee of the Board shall not be deemed service in an appointive or elective position in the Federal Government for purposes of section 8344 of title 5 or comparable provisions of Federal law.

(g)(1)The Board may secure directly from any office, department, agency, establishment, or instrumentality of the Federal Government such information as the Board may require for the purpose of this section, and each office, department, agency, establishment, or instrumentality shall furnish, to the extent permitted by law, the information, suggestions, estimates, and statistics directly to the Board, on request made by a member of the Board.

(2)On request of the Board, the head of any Federal department, agency, or instrumentality may make any of the facilities and services of the department, agency, or instrumentality available to the Board, on a nonreimbursable basis, to assist the Board in carrying out its duties under this section.

(h)Chapter 10 of title 5, with the exception of section 1013(b), applies to the Board.

(i)The Board continues to exist until January 1, 2010.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 102303(a)no source. 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 “administrative provisions”), Mar. 11, 2009, 123 Stat. 710. 102303(c)(1), (2)16 U.S.C. 463(a) (3d through 9th sentences). 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 sentences). 102303(d)(1)16 U.S.C. 463(a) (12th sentence). 102303(d)(2)16 U.S.C. 463(a) (15th through last sentences). 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 “Chapter 10 of Title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5, with the exception 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 authorized to be appropriated to the National Park System Advisory Board $200,000 per year to carry out the provisions 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 BoardAct Aug. 11, 1955, ch. 779, §§ 1, 2, 69 Stat. 632, as amended 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, development and the preservation of those historic properties in the New York City area that are of great national significance, identified as the Federal Hall National Memorial, Castle Clinton National Monument, and the Statue of Liberty National Monument, to conduct 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 transmitted 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 rehabilitation, 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.

§102303 National Park System Advisory Board