§ 410yy-8. — Keweenaw National Historical Park Advisory Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410yy-8]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-W--KEWEENAW NATIONAL HISTORICAL PARK
Sec. 410yy-8. Keweenaw National Historical Park Advisory
Commission
(a) Establishment and duties
There is established the Keweenaw National Historical Park Advisory
Commission. The Commission shall--
(1) advise the Secretary in the preparation and implementation
of a general management plan described in section 410yy-5 of this
title;
(2) advise the Secretary on the development of and priorities
for implementing standards and criteria by which the Secretary,
pursuant to agreements referred to in sections 410yy-6 and 410yy-7
of this title, will provide financial as well as technical
assistance to owners of non-Federal properties within the park;
(3) advise the Secretary on the development of rules governing
the disbursal of funds for the development of non-Federal
properties;
(4) advise the Secretary with respect to the selection of sites
for interpretation and preservation by means of cooperative
agreements pursuant to section 410yy-6 of this title;
(5) assist the Secretary in developing policies and programs for
the conservation and protection of the scenic, historical, cultural,
natural and technological values of the park which would complement
the purposes of this subchapter;
(6) assist the Secretary in coordinating with local governments
and the State of Michigan the implementation of the general
management plan, and furthering the purposes of this subchapter;
(7) be authorized to carry out historical, educational, or
cultural programs which encourage or enhance appreciation of the
historic resources in the park, surrounding areas, and on the
Keweenaw Peninsula; and
(8) be authorized to seek, accept, and dispose of gifts,
bequests, or donations of money, personal property, or services,
received from any source, consistent with the purposes of this
subchapter and the park management.
(b) Acquisition of property
(1) The Commission may acquire real property, or interests in real
property, to further the purposes of the subchapter by gift or devise;
or, by purchase from a willing seller with money which was given or
bequeathed to the Commission on the condition that such money would be
used to purchase real property, or interests in real property, to
further the purposes of this subchapter.
(2) For the purposes of section 170(c) of title 26, any gift to the
Commission shall be deemed to be a gift to the United States.
(3) Any real property or interest in real property acquired by the
Commission shall be conveyed by the Commission to the National Park
Service or the appropriate public agency as soon as possible after such
acquisition, without consideration, and on the condition that the real
property or interest in real property so conveyed is used for public
purposes.
(4) The value of funds or property, or interests in property,
conveyed to the National Park Service by the Commission may be
considered as non-Federal, at the Commission's discretion.
(c) Membership
(1) Composition
The Commission shall be composed of seven members appointed by
the Secretary, of whom--
(A) two members shall be appointed after consideration of
nominees submitted by the Calumet Village Council and the
Calumet Township Board;
(B) one member shall be appointed after consideration of
nominees submitted by the Quincy Township Board and the Franklin
Township Board;
(C) one member shall be appointed after consideration of
nominees submitted by the Houghton County Board of
Commissioners;
(D) one member shall be appointed after consideration of
nominees submitted by the Governor of the State of Michigan;
and,\1\
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\1\ So in original. The comma probably should not appear.
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(E) two members who are qualified to serve on the Commission
because of their familiarity with National Parks and historic
preservation.
(2) Chairperson
The chairperson of the Commission shall be elected by the
members to serve a term of 3 years.
(3) Vacancies
A vacancy on the Commission shall be filled in the same manner
in which the original appointment was made.
(4) Terms of service
(A) In general
Each member shall be appointed for a term of 3 years and may
be reappointed not more than three times.
(B) Initial members
Of the members first appointed under subsection (b)(1) of
this section, the Secretary shall appoint--
(i) two members for a term of 1 year;
(ii) two members for a term of 2 years; and
(iii) three members for a term of 3 years.
(5) Extended service
A member may serve after the expiration of that member's term
until a successor has taken office.
(6) Meetings
The Commission shall meet at least quarterly at the call of the
chairperson or a majority of the members of the Commission.
(7) Quorum
Five members shall constitute a quorum.
(d) Compensation
Members shall serve without pay. Members who are full-time officers
or employees of the United States, the State of Michigan, or any
political subdivision thereof shall receive no additional pay on account
of their service on the Commission.
(e) Travel expenses
While away from their homes or regular places of business in the
performance of services for the Commission, members shall be allowed
travel expenses, including per diem in lieu of subsistence, in the same
manner as persons employed intermittently in the Government service are
allowed expenses under section 5703 of title 5.
(f) Mails
The Commission may use the United States mails in the same manner
and under the same conditions as other departments and agencies of the
United States.
(g) Staff
The Commission may appoint and fix the pay of such personnel as the
Commission deems desirable. The Secretary may provide the Commission
with such staff and technical assistance as the Secretary, after
consultation with the Commission, considers appropriate to enable the
Commission to carry out its duties, on a cost reimbursable basis. Upon
request of the Secretary, any Federal agency may provide information,
personnel, property, and services on a reimbursable basis, to the
Commission to assist in carrying out its duties under this section. The
Secretary may accept the services of personnel detailed from the State
of Michigan or any political subdivision of the State and reimburse the
State or such political subdivision for such services. The Commission
may procure additional temporary and intermittent services under section
3109(b) of title 5, with funds obtained under subsection (a)(6) of this
section, or as provided by the Secretary.
(h) Hearings
The Commission may, for the purpose of carrying out this subchapter,
hold such hearings, sit and act at such times and places, take such
testimony, and receive such evidence, as the Commission considers
appropriate. The Commission may not issue subpoenas or exercise any
subpoena authority.
(Pub. L. 102-543, Sec. 9, Oct. 27, 1992, 106 Stat. 3572; Pub. L. 106-
134, Sec. 1, Dec. 7, 1999, 113 Stat. 1684.)
Amendments
1999--Subsec. (c)(1)(A) to (D). Pub. L. 106-134 substituted ``after
consideration of nominees'' for ``from nominees''.
Termination of Advisory Commissions
Advisory commissions established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the date
of their establishment, unless, in the case of a commission established
by the President or an officer of the Federal Government, such
commission is renewed by appropriate action prior to the expiration of
such 2-year period, or in the case of a commission established by
Congress, its duration is otherwise provided for by law. See sections
3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out
in the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in section 410yy-1 of this title.
