
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
