§ 459b-7. — Cape Cod National Seashore 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: 16USC459b-7]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459b-7. Cape Cod National Seashore Advisory Commission
(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, 2008.
(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) Advice of Commission for commercial or industrial use permits and
establishment of public use areas for recreational activities
No permit for the commercial or industrial use of property located
within the seashore shall be issued by the Secretary, nor shall any
public use area for recreational activity be established by the
Secretary within the seashore, without the advice of the Commission, if
such advice is submitted within a reasonable time after it is sought.
(h) 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.
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\1\ See References in Text note below.
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(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.
(Pub. L. 87-126, Sec. 8, Aug. 7, 1961, 75 Stat. 292; Pub. L. 99-420,
title II, Sec. 201, Sept. 25, 1986, 100 Stat. 960; Pub. L. 105-280,
Sec. 1(b), Oct. 26, 1998, 112 Stat. 2694.)
References in Text
Sections 281, 283, 284, and 1914 of title 18, referred to in subsec.
(h)(1), were repealed by Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76 Stat.
1126, ``except as they [sections 281 and 283] may apply to retired
officers of the armed forces of the United States'', and were supplanted
by sections 203, 205, 207, and 209, respectively, of Title 18, Crimes
and Criminal Procedure. For further details, see Exemptions note set out
under section 203 of Title 18.
Section 190 of the Revised Statutes (5 U.S.C. 99), referred to in
subsec. (h)(1), was repealed by Pub. L. 87-849, Sec. 3, Oct. 23, 1962,
76 Stat. 1126. See section 207 of Title 18.
Amendments
1998--Subsec. (a). Pub. L. 105-280 substituted ``The Commission
shall terminate September 26, 2008.'' for ``Said Commission shall
terminate 30 years after the date the seashore is established under
section 459b-2 of this title.''
1986--Subsec. (a). Pub. L. 99-420 substituted ``30 years'' for ``ten
years''.
Reestablishment and Extension of Commission
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 731, provided:
``That the Cape Cod National Seashore Advisory Commission established
under section 8(a) of the Act of August 7, 1961 (Public Law 87-126; 75
Stat. 292) [16 U.S.C. 459b-7(a)] is reestablished and extended through
February 28, 1996''.
Section Referred to in Other Sections
This section is referred to in sections 459b-1 to 459b-6, 459b-8 of
this title.
