
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: 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, 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 304a-2, 484, 871; title 43 section 377b.
