54 U.S.C. § 304101 — Establishment; vacancies

(a) Setting up the Council. This section creates the Advisory Council on Historic Preservation as an independent federal agency. Its members are: (1) a Chairman, appointed by the President from the general public; (2) the Secretary; (3) the Architect of the Capitol; (4) the Secretary of Agriculture, plus the heads of seven other agencies (not counting the Department of the Interior) whose work affects historic preservation, chosen by the President; (5) one Governor, appointed by the President; (6) one mayor, appointed by the President; (7) the President of the National Conference of State Historic Preservation Officers; (8) the General Chairman of the National Association of Tribal Historic Preservation Officers; (9) the Chairman of the National Trust; (10) four experts in historic preservation, appointed by the President, from fields like architecture, history, and archeology; (11) three members of the general public, appointed by the President; and (12) one member of an Indian tribe or a Native Hawaiian organization, appointed by the President, who represents that tribe's or organization's interests. (b) Substitute members. Members named in items (2) through (5) and (7) through (9) may name someone else from their department, agency, or organization to serve on the Council instead of them. But for items (2) and (4), only an Assistant Secretary or an officer with major department-wide or agency-wide responsibilities can be named as the substitute. (c) Terms. Members appointed under items (10) through (12) serve four-year terms, starting when their predecessor's term ends. Members appointed under items (5) and (6) serve only as long as they hold their elected office, but never more than four years. Any appointed member, except the Chairman, cannot serve more than two terms. An appointed member whose term has ended keeps serving until a successor is appointed. (d) Vacancies. A vacancy does not limit the Council's powers. It must be filled within 60 days, the same way the original appointment was made, and the new member serves out the rest of the unfinished term. (e) The Chairman. (1) After January 20, 2017, the Chairman must (A) be appointed by the President with the Senate's advice and consent, (B) serve at the President's will, (C) work full time, and (D) be paid at Level V of the Executive Schedule under section 5316 of title 5. (2) The Chairman serves a four-year term and can be reappointed once, for no more than eight years total — except that a Chairman whose term has ended keeps serving until a successor is appointed. Each term starts on January 20 after a general Presidential election. The first Chairman appointed under this rule had a term running from January 20, 2017, to January 19, 2021. (3) Chairmen who served before this rule took effect were paid $100 per day worked on Council business, plus reimbursement for necessary travel and living expenses. (f) Vice Chairman. The President must pick a Vice Chairman from the members appointed under items (5), (6), (10), or (11). The Vice Chairman does the Chairman's job whenever the Chairman is absent, unable to serve, or the position is vacant. (g) Quorum. Thirteen members must be present to do official Council business.