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54 U.S.C. § 102303 — National Park System Advisory Board

submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 1,012 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates the National Park System Advisory Board to advise the Director. The Secretary appoints up to 12 members with expertise in fields like history and park management. The Board can hold hearings, make recommendations, and hire staff, but it ends on January 1, 2010.

(a) Definition.— In this section, “Board” means the National Park System Advisory Board created by subsection (b).

(b) Establishment and Purpose.— This section creates a National Park System Advisory Board. Its job is to advise the Director on matters about the Service, the System, and Service programs. The Board advises on issues the Director sends to it, and on other issues the Board itself identifies.

(c) Membership.— (1) The Secretary appoints Board members on staggered terms of no more than 4 years. Members serve at the Secretary's pleasure. (2) The Board has no more than 12 members. They must be U.S. citizens committed to the Service's mission, chosen to represent different geographic regions, including each Service administrative region. At least 6 members must be experts in fields like history, archeology, anthropology, historical or landscape architecture, biology, ecology, geology, marine science, or social science. At least 4 members must be experts with experience managing national or state parks, protected areas, or natural or cultural resources. The rest must be experts in one of those fields, or in another field important to the Service, like financial management, recreation use planning, land use planning, or business management. At least one member must be a locally elected official from near a park. (3) The Board must hold its first meeting within 60 days after all its members are appointed. (4) A vacancy does not stop the Board from working, and it must be filled the same way the original appointment was made. (5) Board members are reimbursed for travel and daily expenses under subchapter I of chapter 57 of title 5. A member who is already a federal officer or employee gets no extra pay beyond travel and per diem.

(d) Duties and Powers of Board.— (1) The Board can adopt rules for its own procedures, operations, and organization. (2) The Board advises the Secretary on matters about the System, related areas, and the administration of chapter 3201 of this title. It is not required to give recommendations on whether surplus federal property is suitable to become a historic monument. It does give recommendations on naming national historic landmarks and national natural landmarks. The Board is strongly encouraged to consult scholarly and professional groups when making these recommendations. (3) When the Director asks, the Board can hold hearings, take testimony, arrange printing and binding, make contracts, spend money, and take other actions it thinks are needed. (4) Any Board member can put witnesses under oath. (5) The Board can create committees and subcommittees, each chaired by a voting Board member. (6) The Board can use the U.S. mail like other federal departments and agencies.

(e) Staff.— The Secretary may hire up to 2 full-time staff members for the Board.

(f) Federal Law Not Applicable to Service.— Serving on the Board does not count as federal employment for conflict-of-interest laws or similar restrictions on outside compensation. It also does not count as an appointive or elective federal position for section 8344 of title 5 or similar laws.

(g) Cooperation of Federal Agencies.— (1) The Board can ask any federal office, department, agency, or instrumentality for information it needs, and that body must supply it as far as the law allows, when a Board member requests it. (2) At the Board's request, any federal department, agency, or instrumentality can share its facilities and services with the Board for free, to help the Board do its job.

(h) Chapter 10 of Title 5.— Chapter 10 of title 5 applies to the Board, except for section 1013(b).

(i) Termination.— The Board stops existing on January 1, 2010.

the actual law source: uscode.house.gov ↗public domain
(a)Definition.—

In this section, the term “Board” means the National Park System Advisory Board established under subsection (b).

(b)Establishment and Purpose.—

There is established a National Park System Advisory Board, whose purpose is to advise the Director on matters relating to the Service, the System, and programs administered by the Service. The Board shall advise the Director on matters submitted to the Board by the Director as well as any other issues identified by the Board.

(c)Membership.—
(1)Appointment and term of office.—

Members of the Board shall be appointed on a staggered term basis by the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary.

(2)Composition.—

The Board shall be composed of no more than 12 persons, appointed from among citizens of the United States having a demonstrated commitment to the mission of the Service. Board members shall be selected to represent various geographic regions, including each of the administrative regions of the Service. At least 6 of the members shall have outstanding expertise in one or more of the following fields: history, archeology, anthropology, historical or landscape architecture, biology, ecology, geology, marine science, or social science. At least 4 of the members shall have outstanding expertise and prior experience in the management of national or State parks or protected areas, or natural or cultural resources management. The remaining members shall have outstanding expertise in one or more of the areas described above or in another professional or scientific discipline, such as financial management, recreation use management, land use planning, or business management, important to the mission of the Service. At least one individual shall be a locally elected official from an area adjacent to a park.

(3)First meeting.—

The Board shall hold its 1st meeting no later than 60 days after the date on which all members of the Board who are to be appointed have been appointed.

(4)Vacancy.—

Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

(5)Compensation.—

All members of the Board shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Board while away from home or their regular place of business, in accordance with subchapter I of chapter 57 of title 5. With the exception of travel and per diem, a member of the Board who otherwise is an officer or employee of the United States Government shall serve on the Board without additional compensation.

(d)Duties and Powers of Board.—
(1)Adopt rules.—

The Board may adopt such rules as may be necessary to establish its procedures and to govern the manner of its operations, organization, and personnel.

(2)Advice and recommendations.—

The Board shall advise the Secretary on matters relating to the System, to other related areas, and to the administration of chapter 3201 of this title, including matters submitted to it for consideration by the Secretary, but it shall not be required to provide recommendations as to the suitability or desirability of surplus real and related personal property for use as a historic monument. The Board shall also provide recommendations on the designation of national historic landmarks and national natural landmarks. The Board is strongly encouraged to consult with the major scholarly and professional organizations in the appropriate disciplines in making the recommendations.

(3)Actions on request of director.—

On request of the Director, the Board is authorized to—

(A)

hold such hearings and sit and act at such times;

(B)

take such testimony;

(C)

have such printing and binding done;

(D)

enter into such contracts and other arrangements;

(E)

make such expenditures; and

(F)

take such other actions

as the Board may consider advisable.

(4)Oaths or affirmations.—

Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board.

(5)Committees and subcommittees.—

The Board may establish committees or subcommittees. The subcommittees or committees shall be chaired by a voting member of the Board.

(6)Use of mails.—

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

(e)Staff.—

The Secretary may hire 2 full-time staffers to meet the needs of the Board.

(f)Federal Law Not Applicable to Service.—

Service as a member of the Board shall not be deemed service or employment bringing the individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties relating to the employment of individuals, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member or an employee of the Board shall not be deemed service in an appointive or elective position in the Federal Government for purposes of section 8344 of title 5 or comparable provisions of Federal law.

(g)Cooperation of Federal Agencies.—
(1)Information.—

The Board may secure directly from any office, department, agency, establishment, or instrumentality of the Federal Government such information as the Board may require for the purpose of this section, and each office, department, agency, establishment, or instrumentality shall furnish, to the extent permitted by law, the information, suggestions, estimates, and statistics directly to the Board, on request made by a member of the Board.

(2)Facilities and services.—

On request of the Board, the head of any Federal department, agency, or instrumentality may make any of the facilities and services of the department, agency, or instrumentality available to the Board, on a nonreimbursable basis, to assist the Board in carrying out its duties under this section.

(h)Chapter 10 of Title 5.—

Chapter 10 of title 5, with the exception of section 1013(b), applies to the Board.

(i)Termination.—

The Board continues to exist until January 1, 2010.

Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3155; Pub. L. 117–286, § 4(a)(330), Dec. 27, 2022, 136 Stat. 4342.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-287 · 128 Stat. 3155
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4342

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.

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