PRIA, Government Policy, Made Personal

Summary

Officers and employees who work on mining rules for the National Park System and who have known financial ties to people regulated by those rules or to anyone holding a mining claim inside a park must file a yearly written report with the Secretary. The report covers the prior calendar year and is open to the public. The Secretary must define what counts as a "known financial interest," set up how reports are filed and checked, and may exempt clearly nonregulatory or nonpolicymaking jobs. The Secretary must send Congress a report each June 1 about the disclosures and any actions taken. Criminal penalties apply under federal law.

Title 54, §100737

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

(a)Written Statements.—

Each officer or employee of the Secretary who—

(1)performs any function or duty under this subchapter, or any Act amended by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 1342) concerning the regulation of mining in the System; and

(2)has any known financial interest—

(A)in any person subject to this subchapter or any Act amended by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 1342); or

(B)in any person who holds a mining claim within the boundary of any System unit;

shall annually file with the Secretary a written statement concerning all such interests held by the officer or employee during the preceding calendar year. The statement shall be available to the public.

(b)Monitoring and Enforcement Procedures.—

The Secretary shall—

(1)define the term “known financial interest” for purposes of subsection (a);

(2)establish the methods by which the requirement to file written statements specified in subsection (a) will be monitored and enforced, including appropriate provisions for the filing by the officers and employees of the statements and the review by the Secretary of the statements; and

(3)submit to Congress on June 1 of each year a report with respect to the disclosures and the actions taken in regard to the disclosures during the preceding calendar year.

(c)Exemptions.—

In the rules prescribed under subsection (b), the Secretary may identify specific positions within the Department of the Interior that are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying those positions shall be exempt from the requirements of this section.

(d)Criminal Penalties.—

Criminal penalties for a violation of this section are provided by section 1865 of title 18.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 100737(a) through (c)16 U.S.C. 1912(a) through (c).Pub. L. 94–429, § 13(a) through (c), Sept. 28, 1976, 90 Stat. 1344. 100737(d)no source. In subsection (a), the words “beginning on February 1, 1977” are omitted as obsolete. In subsection (b), the words “act within ninety days after September 28, 1976” are omitted as obsolete. In subsection (c), the words “the Department of the Interior” are substituted for “such agency” for clarity. Subsection (d) is added for informational purposes.

Editorial Notes

References in Text

The Mining in the Parks Act, referred to in subsec. (a)(1), (2)(A), is Pub. L. 94–429, Sept. 28, 1976, 90 Stat. 1342. For complete classification of this Act to the Code, see Tables.

§100737 Financial Disclosure by Officer or Employee of Secretary