 
                     CHAPTER 11--NATIONAL ARBORETUM
 
Sec. 196. Concessions, fees, and voluntary services


(a) In general

    Notwithstanding the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 471 et seq.) and section 303b of title 40, the 
Secretary of Agriculture, in furtherance of the mission of the National 
Arboretum, may--
        (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. For complete classification of this Act to the Code, see 
Short Title note set out under section 471 of Title 40, Public 
Buildings, Property, and Works, and Tables.


                               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''.
