16 U.S.C. § 410yy–8: Keweenaw National…

Summary

Creates the Keweenaw National Historical Park Advisory Commission to advise the Secretary of the Interior. The commission must help make and carry out the park’s general plan. It must advise on rules and priorities for giving financial and technical help to owners of non‑Federal property, on how to spend funds for non‑Federal property, and on choosing sites for cooperative agreements. It must help make policies to protect the park’s scenic, historical, cultural, natural, and technological values, coordinate with local governments and Michigan, run history and education programs, and may accept gifts, bequests, or donations. The commission may accept or buy land only by gift or by purchase using donated money meant for buying property. Gifts to the commission count as gifts to the United States for tax purposes. Any land the commission gets must be turned over to the National Park Service or a public agency as soon as possible, without payment, and must be used for public purposes. The commission can treat the value of what it gives to the Park Service as non‑Federal if it chooses. The group has seven members appointed by the Secretary: two nominated by Calumet Village Council and Calumet Township Board, one nominated by Quincy and Franklin Township Boards, one by the Houghton County Board, one by the Governor of Michigan, and two with experience in national parks and historic preservation. Members serve three‑year terms and may be reappointed up to three times. Initial terms are staggered (two for 1 year, two for 2 years, three for 3 years). The members elect a chair for a 3‑year term. Vacancies are filled the same way as the original appointment. The commission meets at least quarterly, five members make a quorum, members are unpaid but can get travel expenses, may use the mail, may hire staff and set pay, may receive staff or services from federal or state agencies for reimbursement, and may hold hearings but cannot issue subpoenas.

Title 16, §410yy–8

Conservation, Source: USLM XML via OLRC

(a)Establishment and duties

There is established the Keweenaw National Historical Park Advisory Commission. The Commission shall—

(1)advise the Secretary in the preparation and implementation of a general management plan described in section 410yy–5 of this title;

(2)advise the Secretary on the development of and priorities for implementing standards and criteria by which the Secretary, pursuant to agreements referred to in section 410yy–6 and 410yy–7 of this title, will provide financial as well as technical assistance to owners of non-Federal properties within the park;

(3)advise the Secretary on the development of rules governing the disbursal of funds for the development of non-Federal properties;

(4)advise the Secretary with respect to the selection of sites for interpretation and preservation by means of cooperative agreements pursuant to section 410yy–6 of this title;

(5)assist the Secretary in developing policies and programs for the conservation and protection of the scenic, historical, cultural, natural and technological values of the park which would complement the purposes of this subchapter;

(6)assist the Secretary in coordinating with local governments and the State of Michigan the implementation of the general management plan, and furthering the purposes of this subchapter;

(7)be authorized to carry out historical, educational, or cultural programs which encourage or enhance appreciation of the historic resources in the park, surrounding areas, and on the Keweenaw Peninsula; and

(8)be authorized to seek, accept, and dispose of gifts, bequests, or donations of money, personal property, or services, received from any source, consistent with the purposes of this subchapter and the park management.

(b)Acquisition of property

(1)The Commission may acquire real property, or interests in real property, to further the purposes of the subchapter by gift or devise; or, by purchase from a willing seller with money which was given or bequeathed to the Commission on the condition that such money would be used to purchase real property, or interests in real property, to further the purposes of this subchapter.

(2)For the purposes of section 170(c) of title 26, any gift to the Commission shall be deemed to be a gift to the United States.

(3)Any real property or interest in real property acquired by the Commission shall be conveyed by the Commission to the National Park Service or the appropriate public agency as soon as possible after such acquisition, without consideration, and on the condition that the real property or interest in real property so conveyed is used for public purposes.

(4)The value of funds or property, or interests in property, conveyed to the National Park Service by the Commission may be considered as non-Federal, at the Commission’s discretion.

(c)Membership

(1)Composition

The Commission shall be composed of seven members appointed by the Secretary, of whom—

(A)two members shall be appointed after consideration of nominees submitted by the Calumet Village Council and the Calumet Township Board;

(B)one member shall be appointed after consideration of nominees submitted by the Quincy Township Board and the Franklin Township Board;

(C)one member shall be appointed after consideration of nominees submitted by the Houghton County Board of Commissioners;

(D)one member shall be appointed after consideration of nominees submitted by the Governor of the State of Michigan; and,

(E)two members who are qualified to serve on the Commission because of their familiarity with National Parks and historic preservation.

(2)Chairperson

The chairperson of the Commission shall be elected by the members to serve a term of 3 years.

(3)Vacancies

A vacancy on the Commission shall be filled in the same manner in which the original appointment was made.

(4)Terms of service

(A)In general

Each member shall be appointed for a term of 3 years and may be reappointed not more than three times.

(B)Initial members

Of the members first appointed under subsection (b)(1), the Secretary shall appoint—

(i)two members for a term of 1 year;

(ii)two members for a term of 2 years; and

(iii)three members for a term of 3 years.

(5)Extended service

A member may serve after the expiration of that member’s term until a successor has taken office.

(6)Meetings

The Commission shall meet at least quarterly at the call of the chairperson or a majority of the members of the Commission.

(7)Quorum

Five members shall constitute a quorum.

(d)Compensation

Members shall serve without pay. Members who are full-time officers or employees of the United States, the State of Michigan, or any political subdivision thereof shall receive no additional pay on account of their service on the Commission.

(e)Travel expenses

While away from their homes or regular places of business in the performance of services for the Commission, members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5.

(f)Mails

The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

(g)Staff

The Commission may appoint and fix the pay of such personnel as the Commission deems desirable. The Secretary may provide the Commission with such staff and technical assistance as the Secretary, after consultation with the Commission, considers appropriate to enable the Commission to carry out its duties, on a cost reimbursable basis. Upon request of the Secretary, any Federal agency may provide information, personnel, property, and services on a reimbursable basis, to the Commission to assist in carrying out its duties under this section. The Secretary may accept the services of personnel detailed from the State of Michigan or any political subdivision of the State and reimburse the State or such political subdivision for such services. The Commission may procure additional temporary and intermittent services under section 3109(b) of title 5, with funds obtained under subsection (a)(6), or as provided by the Secretary.

(h)Hearings

The Commission may, for the purpose of carrying out this subchapter, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. The Commission may not issue subpoenas or exercise any subpoena authority.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1999—Subsec. (c)(1)(A) to (D). Pub. L. 106–134 substituted “after consideration of nominees” for “from nominees”.

Statutory Notes and Related Subsidiaries

Termination of Advisory CommissionsAdvisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by Congress, its duration is otherwise provided for by law. See section 1001(2) and 1013 of Title 5, Government Organization and Employees.

§410yy–8 Keweenaw National Historical Park Advisory Commission