16 USC § 459b–7 - Cape Cod National Seashore Advisory Commission

(a) Establishment; termination

There is established a Cape Cod National Seashore Advisory Commission (hereinafter referred to as the “Commission”). The Commission shall terminate September 26, 2018.

(b) Membership; term

The Commission shall be composed of ten members each appointed for a term of two years by the Secretary as follows:

(1) Six members to be appointed from recommendations made by each of the boards of selectmen of the towns referred to in section 459b of this title, one member from the recommendations made by each such board;

(2) One member to be appointed from recommendations of the county commissioners of Barnstable County, Commonwealth of Massachusetts;

(3) Two members to be appointed from recommendations of the Governor of the Commonwealth of Massachusetts; and

(4) One member to be designated by the Secretary.

(c) Chairman; vacancies

The Secretary shall designate one member to be Chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made.

(d) Compensation and expenses

A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under sections 459b to 459b–8 of this title upon vouchers signed by the Chairman.

(e) Majority vote

The Commission established by this section shall act and advise by affirmative vote of a majority of the members thereof.

(f) Consultation of Secretary with Commission

The Secretary or his designee shall, from time to time, consult with the members of the Commission with respect to matters relating to the development of Cape Cod National Seashore and shall consult with the members with respect to carrying out the provisions of sections 459b–3 and 459b–4 of this title.

(g) Advice of Commission for commercial or industrial use permits and establishment of public use areas for recreational activities

No permit for the commercial or industrial use of property located within the seashore shall be issued by the Secretary, nor shall any public use area for recreational activity be established by the Secretary within the seashore, without the advice of the Commission, if such advice is submitted within a reasonable time after it is sought.

(h) Exemption from other provisions of law

(1) Any member of the Advisory Commission appointed under sections 459b to 459b–8 of this title shall be exempted, with respect to such appointment, from the operation of sections 281, 283, 284, and 1914 of title 18 and section 190 of the Revised Statutes (5 U.S.C. 99)  ^[1] except as otherwise specified in paragraph (2) of this subsection.

(2) The exemption granted by paragraph (1) of this subsection shall not extend—

(i) to the receipt or payment of salary in connection with the appointee’s Government service from any sources other than the private employer of the appointee at the time of his appointment; or

(ii) during the period of such appointment, and the further period of two years after the termination thereof, to the prosecution or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter concerning which the appointee had any responsibility arising out of his appointment during the period of such appointment.

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[1]  See References in Text note below.

Source

(Pub. L. 87–126, § 8,Aug. 7, 1961, 75 Stat. 292; Pub. L. 99–420, title II, § 201,Sept. 25, 1986, 100 Stat. 960; Pub. L. 105–280, § 1(b),Oct. 26, 1998, 112 Stat. 2694; Pub. L. 111–11, title VII, § 7402,Mar. 30, 2009, 123 Stat. 1219.)

References in Text

Sections 281, 283, 284, and 1914 of title 18, referred to in subsec. (h)(1), were repealed by Pub. L. 87–849, § 2,Oct. 23, 1962, 76 Stat. 1126, “except as they [sections 281 and 283] may apply to retired officers of the armed forces of the United States”, and were supplanted by sections 203, 205, 207, and 209, respectively, of Title 18, Crimes and Criminal Procedure. For further details, see Exemptions note set out under section 203 of Title 18.

Section 190 of the Revised Statutes (5 U.S.C. 99), referred to in subsec. (h)(1), was repealed by Pub. L. 87–849, § 3,Oct. 23, 1962, 76 Stat. 1126. See section 207 of Title 18.

Amendments

2009—Subsec. (a). Pub. L. 111–11substituted “2018” for “2008”.

1998—Subsec. (a). Pub. L. 105–280substituted “The Commission shall terminate September 26, 2008.” for “Said Commission shall terminate 30 years after the date the seashore is established under section 459b–2 of this title.”

1986—Subsec. (a). Pub. L. 99–420substituted “30 years” for “ten years”.

Effective Date of 2009 Amendment

Pub. L. 111–11, title VII, § 7402,Mar. 30, 2009, 123 Stat. 1219, provided that the amendment made by section 7402 is effective Sept. 26, 2008.

Reestablishment and Extension of Commission

Pub. L. 99–349, title I, July 2, 1986, 100 Stat. 731, provided: “That the Cape Cod National Seashore Advisory Commission established under section 8(a) of the Act of August 7, 1961 (Public Law 87–126; 75 Stat. 292) [16 U.S.C. 459b–7 (a)] is reestablished and extended through February 28, 1996”.