
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: 16USC470i]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
              SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION
 
            Part B--Advisory Council on Historic Preservation
 
Sec. 470i. Advisory Council on Historic Preservation


(a) Establishment; membership; Chairman

    There is established as an independent agency of the United States 
Government an Advisory Council on Historic Preservation which shall be 
composed of the following members:
        (1) a Chairman appointed by the President selected from the 
    general public;
        (2) the Secretary of the Interior;
        (3) the Architect of the Capitol;
        (4) the Secretary of Agriculture and the heads of four other 
    agencies of the United States (other than the Department of the 
    Interior) the activities of which affect historic preservation, 
    designated by the President;
        (5) one Governor appointed by the President;
        (6) one mayor appointed by the President;
        (7) the President of the National Conference of State Historic 
    Preservation Officers;
        (8) the Chairman of the National Trust for Historic 
    Preservation;
        (9) four experts in the field of historic preservation appointed 
    by the President from the disciplines of architecture, history, 
    archeology, and other appropriate disciplines;
        (10) three at-large members from the general public, appointed 
    by the President; and
        (11) one member of an Indian tribe or Native Hawaiian 
    organization who represents the interests of the tribe or 
    organization of which he or she is a member, appointed by the 
    President.

(b) Designation of substitutes

    Each member of the Council specified in paragraphs (2) through (8) 
other than (5) and (6) of subsection (a) of this section may designate 
another officer of his department, agency, or organization to serve on 
the Council in his stead, except that, in the case of paragraphs (2) and 
(4), no such officer other than an Assistant Secretary or an officer 
having major department-wide or agency-wide responsibilities may be so 
designated.

(c) Term of office

    Each member of the Council appointed under paragraph (1), and under 
paragraphs (9) through (11) of subsection (a) of this section shall 
serve for a term of four years from the expiration of his predecessor's 
term; except that the members first appointed under that paragraph shall 
serve for terms of one to four years, as designated by the President at 
the time of appointment, in such manner as to insure that the terms of 
not more than two of them will expire in any one year. The members 
appointed under paragraphs (5) and (6) shall serve for the term of their 
elected office but not in excess of four years. An appointed member may 
not serve more than two terms. An appointed member whose term has 
expired shall serve until that member's successor has been appointed.

(d) Vacancies; term of office of members already appointed

    A vacancy in the Council shall not affect its powers, but shall be 
filled, not later than sixty days after such vacancy commences, in the 
same manner as the original appointment (and for the balance of any 
unexpired terms). The members of the Advisory Council on Historic 
Preservation appointed by the President under this subchapter as in 
effect on the day before December 12, 1980, shall remain in office until 
all members of the Council, as specified in this section, have been 
appointed. The members first appointed under this section shall be 
appointed not later than one hundred and eighty days after December 12, 
1980.

(e) Designation of Vice Chairman

    The President shall designate a Vice Chairman, from the members 
appointed under paragraph (5), (6), (9), or (10). The Vice Chairman may 
act in place of the Chairman during the absence or disability of the 
Chairman or when the office is vacant.

(f) Quorum

    Nine members of the Council shall constitute a quorum.

(Pub. L. 89-665, title II, Sec. 201, Oct. 15, 1966, 80 Stat. 917; Pub. 
L. 91-243, Sec. 1(b)-(e), May 9, 1970, 84 Stat. 204; Pub. L. 93-54, 
Sec. 1(c), July 1, 1973, 87 Stat. 139; Pub. L. 94-422, title II, 
Sec. 201(5), Sept. 28, 1976, 90 Stat. 1320; Pub. L. 96-515, title III, 
Sec. 301(a)-(f), Dec. 12, 1980, 94 Stat. 2998, 2999; Pub. L. 102-575, 
title XL, Secs. 4016, 4019(b), Oct. 30, 1992, 106 Stat. 4763, 4765; Pub. 
L. 104-333, div. I, title V, Sec. 509(c)(1), (2), Nov. 12, 1996, 110 
Stat. 4157.)


                               Amendments

    1996--Subsec. (a)(4). Pub. L. 104-333, Sec. 509(c)(1), substituted 
``designated by the President'' for ``appointed by the President''.
    Subsec. (c). Pub. L. 104-333, Sec. 509(c)(2), which directed 
substitution of ``through (11)'' for ``and 10'', was executed by making 
the substitution for ``and (10)'' to reflect the probable intent of 
Congress.
    1992--Subsec. (a). Pub. L. 102-575, Sec. 4019(b), which directed 
amendment of subsec. (a) by striking ``(hereafter referred to as the 
`Council')'', was executed by striking ``(hereinafter referred to as the 
`Council')'' after ``Historic Preservation'' in introductory provisions 
to reflect the probable intent of Congress.
    Subsec. (a)(11). Pub. L. 102-575, Sec. 4016, added par. (11).
    1980--Subsec. (a). Pub. L. 96-515, Sec. 301(a), revised the 
composition of the Council by reducing the membership from twenty-nine 
to eighteen members, provided flexibility for Federal agencies who will 
be represented, ensured that appropriate expertise will be available, 
and provided representation for State and local governments.
    Subsec. (b). Pub. L. 96-515, Sec. 301(b), substituted ``(2) through 
(8) (other than (5) and (6))'' and ``(1) through (17)'' and inserted ``, 
except that, in the case of paragraphs (2) and (4), no such officer 
other than an Assistant Secretary or an officer having major department-
wide or agency-wide responsibilities may be so designated'' following 
``in his stead''.
    Subsec. (c). Pub. L. 96-515, Sec. 301(c), substituted provision that 
the Chairman appointed by the President from the general public, each of 
the four experts appointed by the President, and each of the three at-
large members appointed by the President from the general public serve a 
term of four years from the expiration of his predecessor's term, except 
that the members first appointed serve terms of one to four years in 
such a manner as to insure that the terms of not more than two of them 
expire in any one year, the one Governor and the one mayor appointed by 
the President serve for the term of their elected office but not in 
excess of four years, an appointed member not serve for more than two 
terms, and an appointed member whose term expired serve until his 
successor has been appointed for provision that each of the twelve 
members appointed by the President from outside the Federal Government 
serve for a term of five years from expiration of his predecessor's 
term, except that the members first appointed serve for terms of one to 
five years in such a manner as to insure that the terms of not less than 
one nor more than two of them expire in any one year.
    Subsec. (d). Pub. L. 96-515, Sec. 301(d), inserted provision that a 
vacancy be filled not later than sixty days after it commences, members 
of the Council appointed by the President before Dec. 12, 1980 remain in 
office until all members of the Council, as specified by this section, 
have been appointed, and members first appointed be appointed not later 
than 180 days after Dec. 12, 1980.
    Subsec. (e). Pub. L. 96-515, Sec. 301(e), substituted provision 
authorizing the President to designate a Vice Chairman from among 
specified members of the Council for provision authorizing the President 
to designate a Chairman and Vice Chairman.
    Subsec. (f). Pub. L. 96-515, Sec. 301(f), substituted ``Nine'' for 
``Fifteen''.
    1976--Subsec. (a)(9) to (18). Pub. L. 94-422 added pars. (9) to (14) 
and (17), and redesignated former pars. (9), (10), and (11) as (15), 
(16), and (18), respectively, and in par. (18), as so redesignated, 
substituted ``twelve'' for ``ten''.
    Subsec. (b). Pub. L. 94-422 substituted ``(17)'' for ``(10)''.
    Subsec. (c). Pub. L. 94-422 substituted ``(18)'' for ``(11)''.
    Subsec. (d). Pub. L. 94-422 reenacted subsec. (d) without change.
    Subsec. (e). Pub. L. 94-422 enlarged Presidential authority to 
include designation of Vice Chairman, who shall act in place of Chairman 
during the absence or disability of Chairman or when the office is 
vacant.
    Subsec. (f). Pub. L. 94-422 substituted ``Fifteen'' for ``Eleven''.
    Subsec. (g). Pub. L. 94-422 struck out subsec. (g) which provided 
that the Council shall continue in existence until Dec. 31, 1985.
    1973--Subsec. (g). Pub. L. 93-54 added subsec. (g).
    1970--Subsec. (a). Pub. L. 91-243, Sec. 1(b), enlarged the Council 
from seventeen to twenty members, added pars. (7) to (9), and 
redesignated former pars. (7) and (8) as (10) and (11), respectively.
    Subsec. (b). Pub. L. 91-243, Sec. 1(c), substituted ``(10)'' for 
``(6)''.
    Subsec. (c). Pub. L. 91-243, Sec. 1(d), substituted ``(11)'' for 
``(8)''.
    Subsec. (f). Pub. L. 91-243, Sec. 1(e), substituted ``Eleven'' for 
``Eight''.

                  Section Referred to in Other Sections

    This section is referred to in sections 470l, 470w of this title; 
title 40 section 611.
