Pub. L. 110-229, tit. IV, subtit. B, sec. 427

NIAGARA FALLS HERITAGE AREA COMMISSION.

EnactedYear: 2008Length: 858 wordsOfficial source
SEC. 427. NIAGARA FALLS HERITAGE AREA COMMISSION.(a) Establishment.—There is established within the Department of the Interior the Niagara Falls National Heritage Area Commission.(b) Membership.—The Commission shall be composed of 17 members, of whom—122 STAT. 815(1) 1 member shall be the Director of the National Park Service (or a designee);(2) 5 members shall be appointed by the Secretary, after consideration of the recommendation of the Governor, from among individuals with knowledge and experience of—(A) the New York State Office of Parks, Recreation and Historic Preservation, the Niagara River Greenway Commission, the New York Power Authority, the USA Niagara Development Corporation, and the Niagara Tourism and Convention Corporation; or(B) any successors of the agencies described in subparagraph (A);(3) 1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of Niagara Falls, New York;(4) 1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of the village of Youngstown, New York;(5) 1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of the village of Lewiston, New York;(6) 1 member shall be appointed by the Secretary, after consideration of the recommendation of the Tuscarora Nation;(7) 1 member shall be appointed by the Secretary, after consideration of the recommendation of the Seneca Nation of Indians; and(8) 6 members shall be individuals who have an interest in, support for, and expertise appropriate to tourism, regional planning, history and historic preservation, cultural or natural resource management, conservation, recreation, and education, or museum services, of whom—(A) 4 members shall be appointed by the Secretary, after consideration of the recommendation of the 2 members of the Senate from the State; and(B) 2 members shall be appointed by the Secretary, after consideration of the recommendation of the Member of the House of Representatives whose district encompasses the National Heritage Area.(c) Terms; Vacancies.—(1) Term.—A member of the Commission shall be appointed for a term not to exceed 5 years.(2) Vacancies.—(A) Partial term.—A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed.(B) In general.—A vacancy on the Commission shall be filled in the same manner as the original appointment was made.(d) Chairperson and Vice Chairperson.—(1) Selection.—The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.(2) Vice chairperson.—The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.(e) Quorum.—122 STAT. 816(1) In general.—A majority of the members of the Commission shall constitute a quorum.(2) Transaction.—For the transaction of any business or the exercise of any power of the Commission, the Commission shall have the power to act by a majority vote of the members present at any meeting at which a quorum is in attendance.(f) Meetings.—(1) In general.—The Commission shall meet at least quarterly at the call of—(A) the Chairperson; or(B) a majority of the members of the Commission.(2) Notice.—Notice of Commission meetings and agendas for the meetings shall be published in local newspapers that are distributed throughout the National Heritage Area.(3) Applicable law.—Meetings of the Commission shall be subject to section 552b of title 5, United States Code.(g) Authorities of the Commission.—In addition to the authorities otherwise granted in this subtitle, the Commission may—(1) request and accept from the head of any Federal agency, on a reimbursable or non-reimbursable basis, any personnel of the Federal agency to the Commission to assist in carrying out the duties of the Commission;(2) request and accept from the head of any State agency or any agency of a political subdivision of the State, on a reimbursable or nonreimbursable basis, any personnel of the agency to the Commission to assist in carrying out the duties of the Commission;(3) seek, accept, and dispose of gifts, bequests, grants, or donations of money, personal property, or services; and(4) use the United States mails in the same manner as other agencies of the Federal Government.(h) Duties of the Commission.—To further the purposes of the National Heritage Area, in addition to the duties otherwise listed in this subtitle, the Commission shall assist in the transition of the management of the National Heritage Area from the Commission to the local coordinating entity designated under this subtitle.(i) Compensation of Members.—(1) In general.—A member of the Commission shall serve without compensation.(2) Travel expenses.—A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.(j) Gifts.—For purposes of section 170(c) of the Internal Revenue Code of 1986, any gift or charitable contribution to the Commission shall be considered to be a charitable contribution or gift to the United States.(k) Use of Federal Funds.—Except as provided for the leasing of administrative facilities under subsection (g)(1), the Commission may not use Federal funds made available to the Commission under this subtitle to acquire any real property or interest in real property.122 STAT. 817
Pub. L. 110-229, tit. IV, subtit. B, sec. 427: NIAGARA FALLS HERITAGE AREA COMMISSION. | Justis AI