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20 USC CHAPTER 11 - NATIONAL ARBORETUM 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 11 - NATIONAL ARBORETUM

.

-HEAD-

CHAPTER 11 - NATIONAL ARBORETUM

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Sec.

191. Establishment; site; acquisition of land.

192. Omitted.

193. Administration of arboretum.

194. Advisory council.

195. Gifts, bequests, or devises for benefit of National Arboretum;

separate fund in the Treasury.

196. Concessions, fees, and voluntary services.

(a) In general.

(b) Use of funds.

(c) Acceptance of voluntary services.

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20 USC Sec. 191 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 11 - NATIONAL ARBORETUM

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Sec. 191. Establishment; site; acquisition of land

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The Secretary of Agriculture is authorized and directed to

establish and maintain a national arboretum for purposes of

research and education concerning tree and plant life. For the

purposes of this chapter, (1) the President is authorized to

transfer to the jurisdiction of the Secretary of Agriculture by

Executive order any land which now belongs to the United States

within or adjacent to the District of Columbia located along the

Anacostia River north of Benning Bridge, and (2) the Secretary of

Agriculture is authorized in his discretion to acquire, within the

limits of the appropriation authorized by this chapter by private

purchase, condemnation proceedings, or gift, land so located or

other land within or adjacent to the District of Columbia:

Provided, That the purchase price of any part of said land shall

not exceed the full value assessment of such property last made

before purchase thereof plus 25 per centum of such assessed value.

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(Mar. 4, 1927, ch. 505, Sec. 1, 44 Stat. 1422.)

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TRANSFER OF FUNCTIONS

Functions of all officers, agencies and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title

5, Government Organization and Employees.

DELEGATION OF FUNCTIONS

Authority of President under this section to transfer to

jurisdiction of Secretary of Agriculture for purposes of this

chapter any land belonging to United States within or adjacent to

District of Columbia located along Anacostia River north of Benning

Bridge delegated to Administrator of General Services, see section

1(18) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out

as a note under section 301 of Title 3, The President.

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FACILITIES TO HOUSE BONSAI COLLECTIONS

Pub. L. 103-111, title I, Oct. 21, 1993, 107 Stat. 1051, provided

in part: ''That hereafter, facilities to house bonsai collections

at the National Arboretum may be constructed with funds accepted

under the provisions of Public Law 94-129 (20 U.S.C. 195) and the

limitation on construction contained in the Act of August 24, 1912

(40 U.S.C. 68) (now 40 U.S.C. 8106) shall not apply to the

construction of such facilities''.

Similar provisions were contained in the following prior

appropriations acts:

Pub. L. 102-341, title I, Aug. 14, 1992, 106 Stat. 878.

Pub. L. 102-142, title I, Oct. 28, 1991, 105 Stat. 883.

Pub. L. 101-506, title I, Nov. 5, 1990, 104 Stat. 1320.

Pub. L. 101-161, title I, Nov. 21, 1989, 103 Stat. 956.

Pub. L. 100-460, title I, Oct. 1, 1988, 102 Stat. 2234.

Pub. L. 100-202, Sec. 101(k) (title I), Dec. 22, 1987, 101 Stat.

1329-322, 1329-327.

Pub. L. 99-500, Sec. 101(a) (title I), Oct. 18, 1986, 100 Stat.

1783, 1783-5, and Pub. L. 99-591, Sec. 101(a) (title I), Oct. 30,

1986, 100 Stat. 3341, 3341-5.

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20 USC Sec. 192 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 11 - NATIONAL ARBORETUM

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Sec. 192. Omitted

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CODIFICATION

Section, act Mar. 4, 1927, ch. 505, Sec. 2, 44 Stat. 1422,

authorized appropriation of $300,000 to be expended for acquisition

of land specified in section 191 of this title.

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20 USC Sec. 193 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 11 - NATIONAL ARBORETUM

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Sec. 193. Administration of arboretum

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In order to stimulate research and discovery the national

arboretum established by the Secretary of Agriculture in accordance

with the provisions of this chapter shall be under competent

scientific direction. The arboretum shall be administered by the

Secretary of Agriculture separately from the agricultural,

horticultural, and forestry stations of the Department of

Agriculture, but it shall be so correlated with them as to bring

about the most effective utilization of its facilities and

discoveries.

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(Mar. 4, 1927, ch. 505, Sec. 3, 44 Stat. 1422.)

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20 USC Sec. 194 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 11 - NATIONAL ARBORETUM

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Sec. 194. Advisory council

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The Secretary of Agriculture is authorized to create an advisory

council in relation to the plan and development of the national

arboretum to be established under this chapter, to include

representatives of national organizations interested in the work of

the arboretum.

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(Mar. 4, 1927, ch. 505, Sec. 4, 44 Stat. 1422.)

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TERMINATION OF ADVISORY COUNCILS

Advisory councils in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a council established by the President

or an officer of the Federal Government, such council is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a council established by the Congress, its

duration is otherwise provided by law. See sections 3(2) and 14 of

Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the

Appendix to Title 5, Government Organization and Employees.

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20 USC Sec. 195 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 11 - NATIONAL ARBORETUM

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Sec. 195. Gifts, bequests, or devises for benefit of National

Arboretum; separate fund in the Treasury

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Notwithstanding any other provision of law, the Secretary of

Agriculture is authorized to solicit, accept, receive, hold,

utilize, and administer on behalf of the United States gifts,

bequests, or devises of real and personal property made for the

benefit of the National Arboretum or for the carrying out of any of

its functions. For the purposes of the Federal income, estate, and

gift tax laws, property accepted under the authority of this

section shall be considered as a gift, bequest, or devise to the

United States. Any gift of money accepted pursuant to the authority

granted in this section, or the net proceeds from the liquidation

of any property so accepted, or the proceeds of any insurance on

any gift property not used for its restoration shall be deposited

in the Treasury of the United States for credit to a separate fund

and shall be disbursed upon order of the Secretary of Agriculture.

-SOURCE-

(Mar. 4, 1927, ch. 505, Sec. 5, as added Pub. L. 94-129, Nov. 13,

1975, 89 Stat. 683; amended Pub. L. 104-127, title VIII, Sec.

890(a), Apr. 4, 1996, 110 Stat. 1181.)

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REFERENCES IN TEXT

The Federal income, estate, and gift tax laws, referred to in

text, are classified generally to Title 26, Internal Revenue Code.

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AMENDMENTS

1996 - Pub. L. 104-127 inserted ''solicit,'' after ''authorized

to'' in first sentence.

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20 USC Sec. 196 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 11 - NATIONAL ARBORETUM

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Sec. 196. Concessions, fees, and voluntary services

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(a) In general

Notwithstanding the Federal Property and Administrative Services

Act of 1949 (FOOTNOTE 1) and section 1302 of title 40, the

Secretary of Agriculture, in furtherance of the mission of the

National Arboretum, may -

(FOOTNOTE 1) See References in Text note below.

(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.

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(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.)

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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. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

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CODIFICATION

''Section 1302 of title 40'' substituted in subsec. (a) for

''section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)'' on

authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.

1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

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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''.

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