CITE

    16 USC Sec. 470m                                            01/08/2008

EXPCITE

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

HEAD

    Sec. 470m. Administration

STATUTE

    (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
      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 or, at the discretion of the Council, such other agency or
    private entity that reaches an agreement with the Council, 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 head of the agency or, in the case
    of a private entity, the authorized representative of the private
    entity that will provide the services. When a Federal agency
    affords such services, the regulations of that agency 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 that agency for the administrative control of funds
    (31 U.S.C. 1513(d), 1514) shall apply to appropriations of the
    Council. The Council shall not be required to prescribe such
    regulations.
    (g) Use of funds, personnel, facilities, and services of Federal
      agencies
      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 (!1) 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.

SOURCE

    (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; Pub. L. 109-453, Sec. 1(e), Dec. 22, 2006, 120 Stat.
    3367.)

CODIFICATION

      In subsec. (d), "chapter 51 and subchapter III of chapter 53 of
    title 5" was substituted for "the Classification Act of 1949" 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.

AMENDMENTS

      2006 - Subsec. (f). Pub. L. 109-453 amended subsec. (f)
    generally. Prior to amendment, subsec. (f) read as follows:
    "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. 46e) 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. 665(g)) shall apply to appropriations
    of the Council: And provided further, That the Council shall not be
    required to prescribe such regulations."
      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.

FOOTNOTE

    (!1) So in original. Probably should be followed by a comma.