§ 463. — National Park System Advisory Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC463]
TITLE 16--CONSERVATION
CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 463. National Park System Advisory Board
(a) Establishment; composition; duties
There is hereby established a National Park System Advisory Board,
whose purpose shall be to advise the Director of the National Park
Service on matters relating to the National Park Service, the National
Park System, and programs administered by the National Park 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. 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. The Board shall be comprised of no more than 12 persons,
appointed from among citizens of the United States having a demonstrated
commitment to the mission of the National Park Service. Board members
shall be selected to represent various geographic regions, including
each of the administrative regions of the National Park Service. At
least 6 of the members shall have outstanding expertise in 1 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 national or cultural resources management.
The remaining members shall have outstanding expertise in 1 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 National Park Service. At least 1 individual shall be a locally
elected official from an area adjacent to a park. The Board shall hold
its first meeting by no later than 60 days after the date on which all
members of the Advisory Board who are to be appointed have been
appointed. 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. 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. 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 1 \1\ of chapter 57 of title 5.
With the exception of travel and per diem as noted above, a member of
the Board who is otherwise an officer or employee of the United States
Government shall serve on the Board without additional compensation. It
shall be the duty of such board to advise the Secretary on matters
relating to the National Park System, to other related areas, and to the
administration of sections 461 to 467 of this title, including but not
limited to matters submitted to it for consideration by the Secretary,
but it shall not be required to recommend as to the suitability or
desirability of surplus real and related personal property for use as an
historic monument. Such board shall also provide recommendations on the
designation of national historic landmarks and national natural
landmarks. Such board is strongly encouraged to consult with the major
scholarly and professional organizations in the appropriate disciplines
in making such recommendations.
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\1\ So in original. Probably should be subchapter ``I''.
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(b) Staff; applicability of Federal law
(1) The Secretary is authorized to hire 2 full-time staffers to meet
the needs of the Advisory Board.
(2) Service of an individual as a member of the Board shall not be
considered as service or employment bringing such individual within the
provisions of any Federal law relating to conflicts of interest or
otherwise imposing restrictions, requirements, or penalties in relation
to the employment of persons, 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
of the Board, or as an employee of the Board, shall not be considered
service in an appointive or elective position in the Government for
purposes of section 8344 of title 5 or comparable provisions of Federal
law.
(c) Authority of Board
(1) Upon 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.\2\
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\2\ So in original. The period probably should be a comma.
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(E) make such expenditures, and
(F) take such other actions, as the Board may deem advisable.
Any member of the Board may administer oaths or affirmations to
witnesses appearing before the Board.
(2) The Board may establish committees or subcommittees. Any such
subcommittees or committees shall be chaired by a voting member of the
Board.
(d) Federal Advisory Committee Act
The provisions of the Federal Advisory Committee Act shall apply to
the Board established under this section with the exception of section
14(b).
(e) Cooperation of Federal agencies; use of mails
(1) The Board is authorized to 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 such officer, department, agency, establishment,
or instrumentality is authorized and directed to furnish, to the extent
permitted by law, such information, suggestions, estimates, and
statistics directly to the Board, upon request made by a member of the
Board.
(2) Upon the request of the Board, the head of any Federal
department, agency, or instrumentality is authorized to make any of the
facilities and services of such department, agency, or instrumentality
to the Board, on a nonreimbursable basis, to assist the Board in
carrying out its duties under this section.
(3) 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.
(f) Termination
The National Park System Advisory Board shall continue to exist
until January 1, 2006. The provisions of section 14(b) of the Federal
Advisory Committee Act (the Act of October 6, 1972; 86 Stat. 776) are
hereby waived with respect to the Board, but in all other respects, it
shall be subject to the provisions of the Federal Advisory Committee
Act.
(g) National Park Service Advisory Council
There is hereby established the National Park Service Advisory
Council (hereafter in this section referred to as the ``advisory
council'') which shall provide advice and counsel to the National Park
System Advisory Board. Membership on the advisory council shall be
limited to those individuals whose term on the advisory board has
expired. Such individuals may serve as long as they remain active except
that not more than 12 members may serve on the advisory council at any
one time. Members of the advisory council shall not have a vote on the
National Park System Advisory Board. Members of the advisory council
shall receive no salary but may be paid expenses incidental to travel
when engaged in discharging their duties as members. Initially, the
Secretary shall choose 12 former members of the Advisory Board to
constitute the advisory council. In so doing, the Secretary shall
consider their professional expertise and demonstrated commitment to the
National Park System and to the Advisory Board.
(Aug. 21, 1935, ch. 593, Sec. 3, 49 Stat. 667; Pub. L. 91-383, Sec. 9,
Aug. 18, 1970, as added Pub. L. 94-458, Sec. 2, Oct. 7, 1976, 90 Stat.
1940; amended Pub. L. 95-625, title VI, Sec. 604(2), Nov. 10, 1978, 92
Stat. 3518; Pub. L. 101-628, title XII, Secs. 1211, 1212, Nov. 28, 1990,
104 Stat. 4507; Pub. L. 104-333, div. I, title VIII, Sec. 814(f)(1),
Nov. 12, 1996, 110 Stat. 4197.)
References in Text
The Federal Advisory Committee Act, referred to in subsecs. (d) and
(f), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
Amendments
1996--Subsec. (a). Pub. L. 104-333, Sec. 814(f)(1)(A), substituted
provisions relating to establishment of Board, its purpose, advisory
duties, members' terms, composition, first meeting, vacancies, rules,
and members' compensation for ``A general advisory board to be known as
the National Park System Advisory Board is hereby established, to be
composed of not to exceed sixteen persons, citizens of the United States
who have a demonstrated commitment to the National Park System, to
include but not be limited to representatives competent in the fields of
history, archaeology, architecture, anthropology, biology, geology, and
related disciplines, who shall be appointed by the Secretary for a term
not to exceed four years. The Secretary shall take into consideration
nominations for appointees from public and private, professional, civic,
and educational societies, associations, and institutions. The members
of such board shall receive no salary but may be paid expenses
incidental to travel when engaged in discharging their duties as
members.''
Subsecs. (b) to (e). Pub. L. 104-333, Sec. 814(f)(1)(C), added
subsecs. (b) to (e). Former subsecs. (b) and (c) redesignated (f) and
(g), respectively.
Subsec. (f). Pub. L. 104-333, Sec. 814(f)(1)(B), redesignated former
subsec. (b) as (f) and substituted ``2006'' for ``1995''.
Subsec. (g). Pub. L. 104-333, Sec. 814(f)(1)(B), redesignated former
subsec. (c) as (g).
1990--Subsec. (a). Pub. L. 101-628, Sec. 1211(1), (2), substituted
``sixteen'' for ``twelve'', ``United States who have a demonstrated
commitment to the National Park System,'' for ``United States,'' and
``anthropology, biology, geology, and related disciplines,'' for ``and
natural science,'' and inserted at end ``Such board shall also provide
recommendations on the designation of national historic landmarks and
national natural landmarks. Such board is strongly encouraged to consult
with the major scholarly and professional organizations in the
appropriate disciplines in making such recommendations.''
Subsec. (b). Pub. L. 101-628, Sec. 1211(3), (4), substituted
``1995'' for ``1990'' and ``The provisions of section 14(b) of the
Federal Advisory Committee Act (the Act of October 6, 1972; 86 Stat.
776) are hereby waived with respect to the Board, but in'' for ``In''.
Subsec. (c). Pub. L. 101-628, Sec. 1212, added subsec. (c).
1978--Subsec. (a). Pub. L. 95-625 increased Board membership to
twelve from eleven.
1976--Pub. L. 91-383, Sec. 9, as added by Pub. L. 94-458, renamed
the Advisory Board on National Parks, Historic Sites, Buildings and
Monuments as the National Park System Advisory Board, substituted
natural science for human geography as a field from which member
selection may be made, limited appointment term to four years rather
than at pleasure of Secretary, eliminated duty of Board to make
recommendations concerning use of surplus property as an historic
monument, provided for continuation of Board until Jan. 1, 1990, and
made it subject to the provisions of the Federal Advisory Committee Act.
Effective Date of 1996 Amendment
Section 814(f)(3) of title VIII of div. I of Pub. L. 104-333
provided that: ``This subsection [amending this section and enacting
provisions set out as a note below] shall take effect on December 7,
1997.''
Authorization of Appropriations
Section 814(f)(2) of title VIII of div. I of Pub. L. 104-333
provided that: ``There are authorized to be appropriated to the National
Park System Advisory Board $200,000 per year to carry out the provisions
of section 3 of the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C.
463).''
New York City National Shrines Advisory Board
Act Aug. 11, 1955, ch. 779, Secs. 1, 2, 69 Stat. 632, as amended by
Pub. L. 85-658, Aug. 14, 1958, 72 Stat. 613, provided for the
appointment of an advisory board, to be known as the New York City
National Shrines Advisory Board, to render advice to the Secretary of
the Interior and to further public participation in the rehabilitation,
development and the preservation of those historic properties in the New
York City area that are of great national significance, identified as
the Federal Hall National Memorial, Castle Clinton National Monument,
and the Statue of Liberty National Monument, to conduct a study of these
historic properties, and to submit recommendations concerning their
preservation and administration to the Secretary of the Interior, such
report and recommendations of the Board to be transmitted to the
Congress by the Secretary of the Interior, together with his
recommendations thereon, within one year following the date of the
establishment of the Board, and with the Board to cease to exist when
the Secretary of the Interior found that its purposes had been
accomplished. The Secretary of the Interior was authorized to accept
donations of funds for rehabilitation, development and preservation of
the historic properties including any made upon condition that such
funds are to be expended only if Federal funds in an amount equal to the
donated funds are appropriated for such purposes.
Federal Hall National Memorial
Act Aug. 11, 1955, ch. 779, Sec. 3, 69 Stat. 633, provided that the
Federal Hall Memorial National Historic Site, established pursuant to
the Historic Sites Act of August 21, 1935 (49 Stat. 666) [sections 461
to 467 of this title], should thereafter be known as the ``Federal Hall
National Memorial''.
Section Referred to in Other Sections
This section is referred to in sections 1e, 230e, 281e, 282a, 282b,
396d, 397d, 407q, 410u, 410w, 410z-4, 410aa-2, 410bb-1, 410ee, 410ii-5,
410jj-4, 410kk-1, 410ll, 410nn-1, 410oo-3, 410rr-3, 410rr-7, 410ss-1,
410tt-3, 410yy-2, 410bbb-2, 410ccc-2, 410ddd, 410eee, 410eee-3, 410fff-
2, 410ggg-1, 410hhh-5, 410iiii-5, 423l-5, 430f-5, 430f-10, 430m, 450e-1,
450hh-2, 450jj-5, 450pp-1, 450ss-2, 450ss-4, 459h-4, 460kkk, 462, 464,
465, 466, 467, 467b, 468, 469, 470a, 698r, 698u-3, 1133, 1244 of this
title; title 40 sections 550, 1303; title 43 section 377b.
