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(B) that meet at least 2 of the criteria stated in paragraph (2). 
(2) CRITERIA.—The criteria referred to in paragraph (1) are the fol-
lowing: 
(A) The organization has an annual operating budget in excess 
of $1,000,000. 
(B) The organization has an annual audience or visitation of at 
least 200,000 people. 
(C) The organization has a paid staff of at least 100 individ-
uals. 
(D) The organization is eligible under 2001.02(5) of this title. 
(3) ORGANIZATIONS NOT ELIGIBLE.—Public or private colleges and 
universities are not eligible for grants under the program under this 
section. 
(c) USE OF GRANTS.—Grants awarded under this section may be used 
to support general operations and maintenance, security, or special projects. 
No organization may receive a grant in excess of $500,000 in a single year. 
(d) RESPONSBILITIES OF DIRECTOR.—The Director shall— 
(1) establish an application process; 
(2) appoint a review panel of 5 qualified individuals, at least a ma-
jority of whom reside in the National Capital region; and 
(3) develop other program guidelines and definitions as required. 
(e) FORD’S THEATER AND WOLF TRAP NATIONAL PARK FOR THE PER-
FORMING ARTS.—The contractual amounts required for the support of 
Ford’s Theater and Wolf Trap National Park for the Performing Arts shall 
be available within the amount provided in this section without regard to 
any other provision of this section. 
§ 1039.02. National Park System Advisory Board 
(a) DEFINITION.—In this section, the term ‘‘Board’’ means the National 
Park System Advisory Board established under subsection (b). 
(b) ESTABLISHMENT AND PURPOSE.—There is a National Park System 
Advisory Board, whose purpose is to advise the Director on matters relating 
to the Service, the System, and programs administered by the Service. The 
Board shall advise the Director on matters submitted to the Board by the 
Director as well as any other issues identified by the Board. 
(c) MEMBERSHIP.— 
(1) APPOINTMENT AND TERM OF OFFICE.—Members of the Board 
shall be appointed on a staggered term basis by the Secretary for a 
term not to exceed 4 years and shall serve at the pleasure of the Sec-
retary. 
(2) COMPOSITION.—The Board shall be comprised of no more than 
12 persons, appointed from among citizens of the United States having 
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a demonstrated commitment to the mission of the Service. Board mem-
bers shall be selected to represent various geographic regions, including 
each of the administrative regions of the Service. At least 6 of the 
members shall have outstanding expertise in one or more of the fol-
lowing fields: history, archaeology, anthropology, historical or landscape 
architecture, biology, ecology, geology, marine science, or social science. 
At least 4 of the members shall have outstanding expertise and prior 
experience in the management of national or State parks or protected 
areas, or national or cultural resources management. The remaining 
members shall have outstanding expertise in one or more of the areas 
described above or in another professional or scientific discipline, such 
as financial management, recreation use management, land use plan-
ning, or business management, important to the mission of the Service. 
At least one individual shall be a locally elected official from an area 
adjacent to a park. 
(3) VACANCY.—Any vacancy in the Board shall not affect its powers, 
but shall be filled in the same manner in which the original appoint-
ment was made. 
(4) COMPENSATION.—All members of the Board shall be reimbursed 
for travel and per diem in lieu of subsistence expenses during the per-
formance of duties of the Board while away from home or their regular 
place of business, in accordance with subchapter I of chapter 57 of title 
5. With the exception of travel and per diem, a member of the Board 
who otherwise is an officer or employee of the United States Govern-
ment shall serve on the Board without additional compensation. 
(d) DUTIES AND POWERS OF BOARD.— 
(1) ADOPT RULES.—The Board may adopt such rules as may be nec-
essary to establish its procedures and to govern the manner of its oper-
ations, organization, and personnel. 
(2) ADVICE AND RECOMMENDATIONS.—The Board shall advise the 
Secretary on matters relating to the System, to other related areas, 
and to the administration of chapter 2001 of this title, including mat-
ters submitted to it for consideration by the Secretary, but it shall not 
be required to provide recommendations as to the suitability or desir-
ability of surplus real and related personal property for use as an his-
toric monument. The Board shall also provide recommendations on the 
designation of national historic landmarks and national natural land-
marks. The Board is strongly encouraged to consult with the major 
scholarly and professional organizations in the appropriate disciplines 
in making the recommendations. 
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(3) ACTIONS ON REQUEST OF DIRECTOR.—On request of the Direc-
tor, the Board is authorized to— 
(A) hold such hearings and sit and act at such times; 
(B) take such testimony; 
(C) have such printing and binding done; 
(D) enter into such contracts and other arrangements; 
(E) make such expenditures; and 
(F) take such other actions 
as the Board may consider advisable. 
(4) OATHS OR AFFIRMATIONS.—Any member of the Board may ad-
minister oaths or affirmations to witnesses appearing before the Board. 
(5) COMMITTEES AND SUBCOMMITTEES.—The Board may establish 
committees or subcommittees. The subcommittees or committees shall 
be chaired by a voting member of the Board. 
(6) USE OF MAILS.—The Board may use the United States mails in 
the same manner and under the same conditions as other departments 
and agencies in the United States. 
(e) STAFF.—The Secretary may hire 2 full-time staffers to meet the 
needs of the Board. 
(f) FEDERAL LAW NOT APPLICABLE TO SERVICE.—Service as a member 
of the Board shall not be deemed service or employment bringing the indi-
vidual within the provisions of any Federal law relating to conflicts of inter-
est or otherwise imposing restrictions, requirements, or penalties relating to 
the employment of individuals, the performance of services, or the payment 
or receipt of compensation in connection with claims, proceedings, or mat-
ters involving the United States. Service as a member or an employee of 
the Board shall not be deemed service in an appointive or elective position 
in the Federal Government for purposes of section 8344 of title 5 or com-
parable provisions of Federal law. 
(g) COOPERATION OF FEDERAL AGENCIES.— 
(1) INFORMATION.—The Board may secure directly from any office, 
department, agency, establishment, or instrumentality of the Federal 
Government such information as the Board may require for the pur-
pose of this section, and each office, department, agency, establish-
ment, or instrumentality shall furnish, to the extent permitted by law, 
the information, suggestions, estimates, and statistics directly to the 
Board, on request made by a member of the Board. 
(2) FACILITIES AND SERVICES.—On request of the Board, the head 
of any Federal department, agency, or instrumentality may make any 
of the facilities and services of the department, agency, or instrumen-
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tality available to the Board, on a nonreimbursable basis, to assist the 
Board in carrying out its duties under this section. 
(h) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.), with the exception of section 14(b), applies to 
the Board. 
(i) TERMINATION.—The Board continues to exist until January 1, 2010. 
§ 1039.03. National Park Service Advisory Council 
(a) DEFINITIONS.—In this section: 
(1) BOARD.—The term ‘‘Board’’ means the National Park System 
Advisory Board established under section 1039.02 of this title. 
(2) COUNCIL.—The term ‘‘Council’’ means the National Park Serv-
ice Advisory Council established under subsection (b). 
(b) ESTABLISHMENT AND PURPOSE.—There is a National Park Service 
Advisory Council that shall provide advice and counsel to the Board. 
(c) MEMBERSHIP.— 
(1) ELIGIBILITY.—Membership on the Council shall be limited to in-
dividuals whose term on the Board has expired. Those individuals may 
serve as long as they remain active except that not more than 12 mem-
bers may serve on the Council at any one time. 
(2) COMPENSATION.—Members of the Council shall receive no salary 
but may be paid expenses incidental to travel when engaged in dis-
charging their duties as members. 
(d) VOTING RESTRICTION.—Members of the Council shall not have a vote 
on the Board. 
§ 1039.04. Protecting the right of individuals to bear arms 
(a) FINDINGS.—Congress finds the following: 
(1) The Second Amendment to the Constitution provides that ‘‘the 
right of the people to keep and bear Arms, shall not be infringed’’. 
(2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, pro-
vides that ‘‘except as otherwise provided in this section and parts 7 
(special regulations) and 13 (Alaska regulations), the following are pro-
hibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, 
trap or net (iii) Using a weapon, trap or net’’. 
(3) The regulations described in paragraph (2) prevent individuals 
complying with Federal and State laws from exercising the Second 
amendment rights of the individuals while at System units. 
(4) The existence of different laws relating to the transportation and 
possession of firearms at different System units entrapped law-abiding 
gun owners while at System units. 
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