54 U.S.C. § 102503: Authority of Secretary

Summary

The Secretary may manage museum money and objects in ways that serve the public. The Secretary can accept gifts and bequests of money or items and use them for museum purposes. The Secretary can buy objects, trade items for other museum property, accept loans and pay related transport costs, and lend objects to public or private groups free of charge. These actions occur under terms the Secretary finds necessary and in a way the Secretary thinks is fair and in the public interest. The Secretary can move objects that are no longer needed to qualified Federal agencies (including the Smithsonian) or receive transfers from other agencies without payment. The Secretary can give objects without payment to tax-exempt private institutions (26 U.S.C. 501(c)(3)) or to non‑Federal governments if they are dedicated to preserving heritage and can care for the items. The Secretary may destroy objects that have no scientific, cultural, historic, educational, esthetic, or monetary value.

Title 54, §102503

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

(a)In General.—

Notwithstanding other provisions or limitations of law, the Secretary may perform the functions described in this section in the manner that the Secretary considers to be in the public interest.

(b)Donations and Bequests.—

The Secretary may accept donations and bequests of money or other personal property, and hold, use, expend, and administer the money or other personal property for purposes of this chapter.

(c)Purchases.—

The Secretary may purchase museum objects and other personal property at prices that the Secretary considers to be reasonable.

(d)Exchanges.—

The Secretary may make exchanges by accepting museum objects and other personal property and by granting in exchange for the museum objects or other personal property museum property under the administrative jurisdiction of the Secretary that no longer is needed or that may be held in duplicate among the museum properties administered by the Secretary. Exchanges shall be consummated on a basis that the Secretary considers to be equitable and in the public interest.

(e)Acceptance of Loans of Property.—

The Secretary may accept the loan of museum objects and other personal property and pay transportation costs incidental to the museum objects or other personal property. Loans shall be accepted on terms and conditions that the Secretary considers necessary.

(f)Loans of Property.—

The Secretary may loan to responsible public or private organizations, institutions, or agencies, without cost to the United States, such museum objects and other personal property as the Secretary shall consider advisable. Loans shall be made on terms and conditions that the Secretary considers necessary to protect the public interest in those properties.

(g)Transfer of Museum Objects.—

The Secretary may transfer museum objects that the Secretary determines are no longer needed for museum purposes to qualified Federal agencies, including the Smithsonian Institution, that have programs to preserve and interpret cultural or natural heritage, and accept the transfer of museum objects for the purposes of this chapter from any other Federal agency, without reimbursement. The head of any other Federal agency may transfer, without reimbursement, museum objects directly to the administrative jurisdiction of the Secretary for the purpose of this chapter.

(h)Conveyance of Museum Objects.—

The Secretary may convey museum objects that the Secretary determines are no longer needed for museum purposes, without monetary consideration but subject to such terms and conditions as the Secretary considers necessary, to private institutions exempt from Federal taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and to non-Federal governmental entities if the Secretary determines that the recipient is dedicated to the preservation and interpretation of natural or cultural heritage and is qualified to manage the property, prior to any conveyance under this subsection and subsection (g).

(i)Destruction of Museum Objects.—

The Secretary may destroy or cause to be destroyed museum objects that the Secretary determines to have no scientific, cultural, historic, educational, esthetic, or monetary value.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 102503(a) through (f)16 U.S.C. 18f (less 1st sentence).July 1, 1955, ch. 259, § 1 (less 1st sentence), 69 Stat. 242; Pub. L. 104–333, div. I, title VIII, § 804(a)(1), Nov. 12, 1996, 110 Stat. 4187. 102503(g) through (i)16 U.S.C. 18f–2(a).July 1, 1955, ch. 259, § 2(a), as added Pub. L. 104–333, div. I, title VIII, § 804(a)(2), Nov. 12, 1996, 110 Stat. 4187.

§102503 Authority of Secretary

Summary

Title 54, §102503

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata