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Title 16, ConservationRelease 119-110

§459b–7 Cape Cod National Seashore Advisory Commission

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LXIII — NATIONAL SEASHORE RECREATIONAL AREAS › § 459b–7

Last updated Sep 23, 2026|Official source

Summary

Creates a Cape Cod National Seashore Advisory Commission that must end on September 26, 2029. The panel has ten members who serve two-year terms and are appointed by the Secretary. Six are chosen from recommendations by the selectmen of the towns named in section 459b, one from the Barnstable County commissioners, two from the Governor of Massachusetts, and one picked directly by the Secretary. The Secretary names the Chairman. Vacancies are filled the same way. Members do not get pay for serving, but the Secretary can pay reasonable expenses if the Chairman signs the vouchers. The Commission acts by a majority vote. The Secretary must consult the Commission about developing the seashore and about carrying out sections 459b–3 and 459b–4. Members are exempt, for this appointment, from certain federal rules listed as sections 281, 283, 284, and 1914 of title 18 and section 190 of the Revised Statutes (5 U.S.C. 99). That exemption does not let them receive government salary from sources other than their private employer at appointment, and it does not allow them, during their service and for two years after, to take part in prosecuting any claim against the Government about matters they handled while on the Commission.

Full Legal Text

Title 16, §459b–7

Conservation, Source: USLM XML via OLRC

(a)Establishment; termination
There is established a Cape Cod National Seashore Advisory Commission (hereinafter referred to as the “Commission”). The Commission shall terminate September 26, 2029.
(b)Membership; term
The Commission shall be composed of ten members each appointed for a term of two years by the Secretary as follows:
(1)Six members to be appointed from recommendations made by each of the boards of selectmen of the towns referred to in section 459b of this title, one member from the recommendations made by each such board;
(2)One member to be appointed from recommendations of the county commissioners of Barnstable County, Commonwealth of Massachusetts;
(3)Two members to be appointed from recommendations of the Governor of the Commonwealth of Massachusetts; and
(4)One member to be designated by the Secretary.
(c)Chairman; vacancies
The Secretary shall designate one member to be Chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made.
(d)Compensation and expenses
A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under sections 459b to 459b–8 of this title upon vouchers signed by the Chairman.
(e)Majority vote
The Commission established by this section shall act and advise by affirmative vote of a majority of the members thereof.
(f)Consultation of Secretary with Commission
The Secretary or his designee shall, from time to time, consult with the members of the Commission with respect to matters relating to the development of Cape Cod National Seashore and shall consult with the members with respect to carrying out the provisions of section 459b–3 and 459b–4 of this title.
(g)Exemption from other provisions of law
(1)Any member of the Advisory Commission appointed under sections 459b to 459b–8 of this title shall be exempted, with respect to such appointment, from the operation of section 281, 283, 284, and 1914 of title 18 and section 190 of the Revised Statutes (5 U.S.C. 99) except as otherwise specified in paragraph (2) of this subsection.
(2)The exemption granted by paragraph (1) of this subsection shall not extend—
(i)to the receipt or payment of salary in connection with the appointee’s Government service from any sources other than the private employer of the appointee at the time of his appointment; or
(ii)during the period of such appointment, and the further period of two years after the termination thereof, to the prosecution or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter concerning which the appointee had any responsibility arising out of his appointment during the period of such appointment.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 281, 283, 284, and 1914 of title 18, referred to in subsec. (g)(1), were repealed by Pub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126, “except as they [section 281 and 283] may apply to retired officers of the armed forces of the United States”, and were supplanted by section 203, 205, 207, and 209, respectively, of Title 18, Crimes and Criminal Procedure. For further details, see Exemptions note set out under section 203 of Title 18. section 190 of the Revised Statutes (5 U.S.C. 99), referred to in subsec. (g)(1), was repealed by Pub. L. 87–849, § 3, Oct. 23, 1962, 76 Stat. 1126. See section 207 of Title 18, Crimes and Criminal Procedure.

Amendments

2022—Subsec. (a). Pub. L. 117–328, § 613(1), substituted “2029” for “2018”. Subsecs. (g), (h). Pub. L. 117–328, § 613(2), (3), redesignated subsec. (h) as (g) and struck out former subsec. (g). Prior to amendment, text of subsec. (g) read as follows: “No permit for the commercial or industrial use of property located within the seashore shall be issued by the Secretary, nor shall any public use area for recreational activity be established by the Secretary within the seashore, without the advice of the Commission, if such advice is submitted within a reasonable time after it is sought.” 2009—Subsec. (a). Pub. L. 111–11 substituted “2018” for “2008”. 1998—Subsec. (a). Pub. L. 105–280 substituted “The Commission shall terminate September 26, 2008.” for “Said Commission shall terminate 30 years after the date the seashore is established under section 459b–2 of this title.” 1986—Subsec. (a). Pub. L. 99–420 substituted “30 years” for “ten years”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 Amendment Pub. L. 117–328, div. DD, title VI, § 613, Dec. 29, 2022, 136 Stat. 5604, provided that the amendment made by section 613 is effective Sept. 26, 2018.

Effective Date

of 2009 Amendment Pub. L. 111–11, title VII, § 7402, Mar. 30, 2009, 123 Stat. 1219, provided that the amendment made by section 7402 is effective Sept. 26, 2008. Reestablishment and Extension of Commission Pub. L. 99–349, title I,
July 2, 1986, 100 Stat. 731, provided: “That the Cape Cod National Seashore Advisory Commission established under section 8(a) of the Act of
August 7, 1961 (Public Law 87–126; 75 Stat. 292) [16 U.S.C. 459b–7(a)] is reestablished and extended through
February 28, 1996”.

Reference

Citations & Metadata

Citation

16 U.S.C. § 459b–7

Title 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110