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16 U.S.C. § 459b–7Cape Cod National Seashore Advisory Commission

submitted 65 years ago by Pub. L. 87-126 to r/title-16-CONSERVATION · 462 words · no verdicts yet

in plain englishAI-generated · not legal advice

This creates a ten-member Cape Cod Seashore Advisory Commission that ends in 2029. Members are recommended by the towns, the county, and the Governor, plus one picked by the Secretary. They serve two-year terms without pay and act by majority vote.

(a) Establishment; termination: This section creates the Cape Cod National Seashore Advisory Commission. The Commission will end on September 26, 2029. (b) Membership; term: The Commission has ten members, each appointed by the Secretary for a two-year term: (1) six members, one recommended by the board of selectmen in each town named in section 459b; (2) one member recommended by the Barnstable County commissioners; (3) two members recommended by the Governor of Massachusetts; and (4) one member picked directly by the Secretary. (c) Chairman; vacancies: The Secretary names one member as Chairman. If a seat becomes empty, it's filled the same way the original member was appointed. (d) Compensation and expenses: Members don't get paid for serving on the Commission. But the Secretary can pay the Commission's reasonable expenses, based on vouchers signed by the Chairman. (e) Majority vote: The Commission can only act or give advice if a majority of its members vote in favor. (f) Consultation of Secretary with Commission: The Secretary or someone he picks must regularly consult with Commission members about developing Cape Cod National Seashore, and specifically about carrying out sections 459b–3 and 459b–4. (g) Exemption from other provisions of law: (1) Commission members are exempt from certain federal conflict-of-interest laws (18 U.S.C. §§ 281, 283, 284, 1914, and 5 U.S.C. § 99) connected to their appointment, except as limited below. (2) That exemption does not cover: (i) salary a member gets for government service from any source other than their private employer at the time they were appointed; or (ii) during their appointment and for two years after it ends, bringing or helping with a claim against the government that involves something the member was responsible for because of their appointment.
the actual law source: uscode.house.gov ↗public domain
(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 sections 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 sections 281, 283, 284, and 1914 of title 18 and section 190 of the Revised Statutes (5 U.S.C. 99) 1 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.

Source credit: (Pub. L. 87–126, § 8, Aug. 7, 1961, 75 Stat. 292; Pub. L. 99–420, title II, § 201, Sept. 25, 1986, 100 Stat. 960; Pub. L. 105–280, § 1(b), Oct. 26, 1998, 112 Stat. 2694; Pub. L. 111–11, title VII, § 7402, Mar. 30, 2009, 123 Stat. 1219; Pub. L. 117–328, div. DD, title VI, § 613, Dec. 29, 2022, 136 Stat. 5604.)

history & why it existsrecord from the source credit
  • 1961Enacted · Pub. L. 87-126 · 75 Stat. 292
  • 1986Amended · Pub. L. 99-420 · 100 Stat. 960
  • 1998Amended · Pub. L. 105-280 · 112 Stat. 2694
  • 2009Amended · Pub. L. 111-11 · 123 Stat. 1219
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5604

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-126 on 1961-08-07.

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