
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: 16USC470m]

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


(a) Executive Director of Council; appointment; functions and duties

    There shall be an Executive Director of the Council who shall be 
appointed in the competitive service by the Chairman with the 
concurrence of the Council. The Executive Director shall report directly 
to the Council and perform such functions and duties as the Council may 
prescribe.

(b) General Counsel; appointment; functions and duties

    The Council shall have a General Counsel, who shall be appointed by 
the Executive Director. The General Counsel shall report directly to the 
Executive Director and serve as the Council's legal advisor. The 
Executive Director shall appoint such other attorneys as may be 
necessary to assist the General Counsel, represent the Council in courts 
of law whenever appropriate, including enforcement of agreements with 
Federal agencies to which the Council is a party, assist the Department 
of Justice in handling litigation concerning the Council in courts of 
law, and perform such other legal duties and functions as the Executive 
Director and the Council may direct.

(c) Appointment and compensation of officers and employees

    The Executive Director of the Council may appoint and fix the 
compensation of such officers and employees in the competitive service 
as are necessary to perform the functions of the Council at rates not to 
exceed that now or hereafter prescribed for the highest rate for grade 
15 of the General Schedule under section 5332 of title 5: Provided, 
however, That the Executive Director, with the concurrence of the 
Chairman, may appoint and fix the compensation of not to exceed five 
employees in the competitive service at rates not to exceed that now or 
hereafter prescribed for the highest rate of grade 17 of the General 
Schedule under section 5332 of title 5.

(d) Appointment and compensation of additional personnel

    The Executive Director shall have power to appoint and fix the 
compensation of such additional personnel as may be necessary to carry 
out its duties, without regard to the provisions of the civil service 
laws and chapter 51 and subchapter III of chapter 53 of title 5.

(e) Expert and consultant services; procurement

    The Executive Director of the Council is authorized to procure 
expert and consultant services in accordance with the provisions of 
section 3109 of title 5.

(f) Financial and administrative services; Department of the Interior

    Financial and administrative services (including those related to 
budgeting, accounting, financial reporting, personnel and procurement) 
shall be provided the Council by the Department of the Interior, for 
which payments shall be made in advance, or by reimbursement, from funds 
of the Council in such amounts as may be agreed upon by the Chairman of 
the Council and the Secretary of the Interior: Provided, That the 
regulations of the Department of the Interior for the collection of 
indebtedness of personnel resulting from erroneous payments (5 U.S.C. 
5514(b)) shall apply to the collection of erroneous payments made to or 
on behalf of a Council employee, and regulations of said Secretary for 
the administrative control of funds (31 U.S.C. 1513(d), 1514) shall 
apply to appropriations of the Council: And provided further, That the 
Council shall not be required to prescribe such regulations.

(g) Use of funds, personnel, facilities, and services of Council members

    Any Federal agency may provide the Council, with or without 
reimbursement as may be agreed upon by the Chairman and the agency, with 
such funds, personnel, facilities and services under its jurisdiction 
and control as may be needed by the Council to carry out its duties, to 
the extent that such funds, personnel, facilities, and services are 
requested by the Council and are otherwise available for that purpose. 
Any funds provided to the Council pursuant to this subsection must be 
expended by the end of the fiscal year following the fiscal year in 
which the funds are received by the Council. To the extent of available 
appropriations, the Council may obtain by purchase, rental, donation, or 
otherwise, such additional property facilities, and services as may be 
needed to carry out its duties and may also receive donations of moneys 
for such purpose, and the Executive Director is authorized, in his 
discretion, to accept, hold, use, expend, and administer the same for 
the purposes of this subchapter.

(Pub. L. 89-665, title II, Sec. 205, Oct. 15, 1966, 80 Stat. 919; Pub. 
L. 91-243, Sec. 1(g), May 9, 1970, 84 Stat. 204; Pub. L. 94-422, title 
II, Sec. 201(7), Sept. 28, 1976, 90 Stat. 1321; Pub. L. 96-515, title 
III, Sec. 301(i), (j), Dec. 12, 1980, 94 Stat. 2999; Pub. L. 104-333, 
div. I, title V, Sec. 509(c)(4), Nov. 12, 1996, 110 Stat. 4158; Pub. L. 
106-176, title I, Sec. 109, Mar. 10, 2000, 114 Stat. 26.)

                       References in Text

    The civil service laws, referred to in subsec. (d), are set out in 
Title 5, Government Organization and Employees. See, particularly, 
section 3301 et seq. of Title 5.

                          Codification

    In subsecs. (d) and (f), ``chapter 51 and subchapter III of chapter 
53 of title 5'' and ``(5 U.S.C. 5514(b))'', were substituted for ``the 
Classification Act of 1949'' and ``(5 U.S.C. 46e)'', respectively, on 
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the 
first section of which enacted Title 5, Government Organization and 
Employees.
    In subsec. (f), ``(31 U.S.C. 1513(d), 1514)'' was substituted for 
``(31 U.S.C. 665(g))'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, 
Money and Finance.


                               Amendments

    2000--Subsec. (g). Pub. L. 106-176 substituted ``for that purpose.'' 
for ``for the purpose.''.
    1996--Subsec. (g). Pub. L. 104-333 amended subsec. (g) generally. 
Prior to amendment, subsec. (g) read as follows: ``The members of the 
Council specified in paragraphs (2) through (4) of section 470i(a) of 
this title shall provide the Council, with or without reimbursement as 
may be agreed upon by the Chairman and the members, with such funds, 
personnel, facilities, and services under their jurisdiction and control 
as may be needed by the Council to carry out its duties, to the extent 
that such funds, personnel, facilities, and services are requested by 
the Council and are otherwise available for that purpose. To the extent 
of available appropriations, the Council may obtain, by purchase, 
rental, donation, or otherwise, such additional property, facilities, 
and services as may be needed to carry out its duties and may also 
receive donations of moneys for such purpose, and the Executive Director 
is authorized, in his discretion, to accept, hold, use, expend, and 
administer the same for the purposes of this subchapter.''
    1980--Subsec. (b). Pub. L. 96-515, Sec. 301(i), inserted ``, 
including enforcement of agreements with Federal agencies to which the 
Council is a party'' after ``wherever appropriate''.
    Subsec. (g). Pub. L. 96-515, Sec. 301(j), substituted ``paragraphs 
(2) through (4)'' for ``paragraphs (1) through (16)'' and inserted 
provision authorizing the Council to accept donations of moneys and the 
Executive Director, in his discretion, to accept, hold, use, expend, and 
administer such moneys.
    1976--Subsec. (a). Pub. L. 94-422 substituted provisions authorizing 
appointment of the Executive Director by the Chairman and that the 
Executive Director shall report to the Council who shall prescribe his 
functions and duties for provisions designating the Director of the 
National Park Service or his designee as the Executive Director of the 
Council and incorporated provisions relating to furnishing of financial 
and administrative services by the Department of the Interior in subsec. 
(f).
    Subsec. (b). Pub. L. 94-422 substituted provisions authorizing 
appointment of a General Counsel by the Executive Director and such 
other attorneys as may be necessary to assist General Counsel for 
provisions authorizing Council to appoint and fix compensation of 
additional personnel as may be necessary to carry out its duties.
    Subsec. (c). Pub. L. 94-422 substituted provisions authorizing 
Executive Director to appoint and fix the compensation of officers and 
employees for provisions authorizing Council to procure temporary and 
intermittent services to the same extent as is authorized by section 55a 
of title 5, but at rates not to exceed $50 per diem for individuals.
    Subsec. (d). Pub. L. 94-422 substituted provisions authorizing 
Executive Director to appoint and fix compensation of additional 
personnel for provisions relating to members of Council furnishing, on a 
reimbursable basis, such facilities and services under their 
jurisdiction and control as may be needed by the Council.
    Subsec. (e). Pub. L. 94-422 added subsec. (e).
    Subsec. (f). Pub. L. 94-422 incorporated provisions of former 
subsec. (a).
    Subsec. (g). Pub. L. 94-422 added subsec. (g).
    1970--Subsec. (d). Pub. L. 91-243 substituted ``(9)'' for ``(6)''.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.
