§ 196. — Concessions, fees, and voluntary services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC196]
TITLE 20--EDUCATION
CHAPTER 11--NATIONAL ARBORETUM
Sec. 196. Concessions, fees, and voluntary services
(a) In general
Notwithstanding the Federal Property and Administrative Services Act
of 1949 \1\ and section 1302 of title 40, the Secretary of Agriculture,
in furtherance of the mission of the National Arboretum, may--
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\1\ See References in Text note below.
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(1) negotiate agreements granting concessions at the National
Arboretum to nonprofit scientific or educational organizations the
interests of which are complementary to the mission of the National
Arboretum, except that the net proceeds of the organizations from
the concessions shall be used exclusively for research and
educational work for the benefit of the National Arboretum;
(2) provide by concession, on such terms as the Secretary of
Agriculture considers appropriate and necessary, for commercial
services for food, drink, and nursery sales, if an agreement for a
permanent concession under this paragraph is negotiated with a
qualified person submitting a proposal after due consideration of
all proposals received after the Secretary of Agriculture provides
reasonable public notice of the intent of the Secretary to enter
into such an agreement;
(3) dispose of excess property, including excess plants and
fish, in a manner designed to maximize revenue from any sale of the
property, including by way of public auction, except that this
paragraph shall not apply to the free dissemination of new varieties
of seeds and germ plasm in accordance with section 2201 of title 7;
(4) charge such fees as the Secretary of Agriculture considers
reasonable for temporary use by individuals or groups of National
Arboretum facilities and grounds for any purpose consistent with the
mission of the National Arboretum;
(5) charge such fees as the Secretary of Agriculture considers
reasonable for the use of the National Arboretum for commercial
photography or cinematography;
(6) publish, in print and electronically and without regard to
laws relating to printing by the Federal Government, informational
brochures, books, and other publications concerning the National
Arboretum or the collections of the Arboretum; and
(7) license use of the National Arboretum name and logo for
public service or commercial uses.
(b) Use of funds
Any funds received or collected by the Secretary of Agriculture as a
result of activities described in subsection (a) of this section shall
be retained in a special fund in the Treasury. Amounts in the special
fund shall be available to the Secretary of Agriculture, without further
appropriation, for the use and benefit of the National Arboretum as the
Secretary of Agriculture considers appropriate.
(c) Acceptance of voluntary services
The Secretary of Agriculture may accept the voluntary services of
organizations described in subsection (a)(1) of this section, and the
voluntary services of individuals (including employees of the National
Arboretum), for the benefit of the National Arboretum.
(Mar. 4, 1927, ch. 505, Sec. 6, as added Pub. L. 104-127, title VIII,
Sec. 890(b), Apr. 4, 1996, 110 Stat. 1181; amended Pub. L. 105-185,
title VI, Sec. 601(b), June 23, 1998, 112 Stat. 585.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works.
Codification
``Section 1302 of title 40'' substituted in subsec. (a) for
``section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)'' on
authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303,
the first section of which enacted Title 40, Public Buildings, Property,
and Works.
Amendments
1998--Subsec. (b). Pub. L. 105-185 substituted ``Treasury. Amounts
in the special fund shall be available to the Secretary of Agriculture,
without further appropriation,'' for ``Treasury''.
