138 
(6) review the policies and programs of Federal agencies and rec-
ommend to Federal agencies methods to improve the effectiveness, coordi-
nation, and consistency of those policies and programs with the policies 
and programs carried out under this division; and 
(7) inform and educate Federal agencies, State and local governments, 
Indian tribes, other nations and international organizations and private 
groups and individuals as to the Council’s authorized activities. 
(b) ANNUAL REPORT.—The Council annually shall submit to the President 
a comprehensive report of its activities and the results of its studies and shall 
from time to time submit additional and special reports as it deems advis-
able. Each report shall propose legislative enactments and other actions as, 
in the judgment of the Council, are necessary and appropriate to carry out 
its recommendations and shall provide the Council’s assessment of current 
and emerging problems in the field of historic preservation and an evaluation 
of the effectiveness of the programs of Federal agencies, State and local gov-
ernments, and the private sector in carrying out this division. 
§ 304103. Cooperation between Council and instrumentalities 
of executive branch of Federal Government 
The Council may secure directly from any Federal agency information, 
suggestions, estimates, and statistics for the purpose of this chapter. Each 
Federal agency may furnish information, suggestions, estimates, and statistics 
to the extent permitted by law and within available funds. 
§ 304104. Compensation of members of Council 
The members of the Council specified in paragraphs (2), (3), and (4) of 
section 304101(a) of this title shall serve without additional compensation. 
The other members of the Council shall receive $100 per diem when engaged 
in the performance of the duties of the Council. All members of the Council 
shall receive reimbursement for necessary traveling and subsistence expenses 
incurred by them in the performance of the duties of the Council. 
§ 304105. Administration 
(a) EXECUTIVE DIRECTOR.—There shall be an Executive Director of the 
Council who shall be appointed by the Chairman with the concurrence of the 
Council in the competitive service at a rate within the General Schedule, in 
the competitive service at a rate that may exceed the rate prescribed for the 
highest rate established for grade 15 of the General Schedule under section 
5332 of title 5, or in the Senior Executive Service under section 3393 of title 
5. The Executive Director shall report directly to the Council and perform 
such functions and duties as the Council may prescribe. 
(b) GENERAL COUNSEL AND APPOINTMENT OF OTHER ATTORNEYS.— 
(1) GENERAL COUNSEL.—The Council shall have a General Counsel, 
who shall be appointed by the Executive Director. The General Counsel 
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shall report directly to the Executive Director and serve as the Council’s 
legal advisor. 
(2) APPOINTMENT OF OTHER ATTORNEYS.—The Executive Director 
shall appoint other attorneys as may be necessary to— 
(A) assist the General Counsel; 
(B) represent the Council in court when appropriate, including 
enforcement of agreements with Federal agencies to which the Coun-
cil is a party; 
(C) assist the Department of Justice in handling litigation con-
cerning the Council in court; and 
(D) perform such other legal duties and functions as the Execu-
tive 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 officers and employees in the competitive service who are necessary to per-
form the functions of the Council at rates not to exceed that prescribed for 
the highest rate for grade 15 of the General Schedule under section 5332 of 
title 5. The Executive Director, with the concurrence of the Chairman, may 
appoint and fix the compensation of not to exceed 5 employees in the competi-
tive service at rates that exceed that prescribed for the highest rate established 
for grade 15 of the General Schedule under section 5332 of title 5 or in the 
Senior Executive Service under section 3393 of title 5. 
(d) APPOINTMENT AND COMPENSATION OF ADDITIONAL PERSONNEL.—The 
Executive Director may appoint and fix the compensation of such additional 
personnel as may be necessary to carry out the Council’s duties, without re-
gard to the civil service laws and chapter 51 and subchapter III of chapter 
53 of title 5. 
(e) EXPERT AND CONSULTANT SERVICES.—The Executive Director may 
procure expert and consultant services in accordance with section 3109 of title 
5. 
(f) FINANCIAL AND ADMINISTRATIVE SERVICES.— 
(1) SERVICES TO BE PROVIDED BY SECRETARY, AGENCY, OR PRIVATE 
ENTITY.—Financial and administrative services (including those related 
to budgeting, accounting, financial reporting, personnel and procure-
ment) shall be provided the Council by the Secretary or, at the discretion 
of the Council, another agency or private entity that reaches an agree-
ment 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 on by the Chairman of the Council and the head of the agency 
or the authorized representative of the private entity that will provide 
the services. 
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(2) FEDERAL
AGENCY
REGULATIONS
RELATING
TO
COLLECTION 
APPLY.—When a Federal agency affords those services, the regulations of 
that agency under section 5514(b) of title 5 for the collection of indebted-
ness of personnel resulting from erroneous payments shall apply to the 
collection of erroneous payments made to or on behalf of a Council em-
ployee, and regulations of that agency under sections 1513(d) and 1514 
of title 31 for the administrative control of funds shall apply to appro-
priations of the Council. The Council shall not be required to prescribe 
those regulations. 
(g) FUNDS, PERSONNEL, FACILITIES, AND SERVICES.— 
(1) PROVIDED BY FEDERAL AGENCY.—Any Federal agency may pro-
vide the Council, with or without reimbursement as may be agreed on 
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 the 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 shall be obligated by the end of the fiscal year following 
the fiscal year in which the funds are received by the Council. 
(2) OBTAINING
ADDITIONAL
PROPERTY, FACILITIES, AND
SERVICES 
AND RECEIVING DONATIONS OF MONEY.—To the extent of available ap-
propriations, the Council may obtain by purchase, rental, donation, or 
otherwise additional property, facilities, and services as may be needed 
to carry out its duties and may receive donations of money for that pur-
pose. The Executive Director may accept, hold, use, expend, and admin-
ister the property, facilities, services, and money for the purposes of this 
division. 
(h) RIGHTS, BENEFITS, AND PRIVILEGES OF TRANSFERRED EMPLOYEES.— 
Any employee in the competitive service of the United States transferred to 
the Council under section 207 of the National Historic Preservation Act (Pub-
lic Law 89–665) retains all the rights, benefits, and privileges pertaining to 
the competitive service held prior to the transfer. 
(i) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—The Council 
is exempt from the Federal Advisory Committee Act (5 U.S.C. App.). 
(j) PROVISIONS THAT GOVERN OPERATIONS OF COUNCIL.—Subchapter II 
of chapter 5 and chapter 7 of title 5 shall govern the operations of the Coun-
cil. 
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141 
§ 304106. International Centre for the Study of the Preserva-
tion and Restoration of Cultural Property 
(a) AUTHORIZATION OF PARTICIPATION.—The participation of the United 
States as a member in the International Centre for the Study of the Preserva-
tion and Restoration of Cultural Property is authorized. 
(b) OFFICIAL DELEGATION.—The Council shall recommend to the Secretary 
of State, after consultation with the Smithsonian Institution and other public 
and private organizations concerned with the technical problems of preserva-
tion, the members of the official delegation that will participate in the activi-
ties of the International Centre for the Study of the Preservation and Restora-
tion of Cultural Property on behalf of the United States. The Secretary of 
State shall appoint the members of the official delegation from the persons 
recommended to the Secretary of State by the Council. 
§ 304107. Transmittal of legislative recommendations, testi-
mony, or comments to any officer or agency of the 
United States prior to submission to Congress 
No officer or agency of the United States shall have any authority to re-
quire the Council to submit its legislative recommendations, or testimony, or 
comments on legislation to any officer or agency of the United States for ap-
proval, comments, or review, prior to the submission of the recommendations, 
testimony, or comments to Congress. When the Council voluntarily seeks to 
obtain the comments or review of any officer or agency of the United States, 
the Council shall include a description of the actions in its legislative rec-
ommendations, testimony, or comments on legislation that it transmits to 
Congress. 
§ 304108. Regulations, procedures, and guidelines 
(a) IN GENERAL.—The Council may promulgate regulations as it considers 
necessary to govern the implementation of section 306108 of this title in its 
entirety. 
(b) PARTICIPATION BY LOCAL GOVERNMENTS.—The Council shall by regu-
lation establish such procedures as may be necessary to provide for participa-
tion by local governments in proceedings and other actions taken by the Coun-
cil with respect to undertakings referred to in section 306108 of this title that 
affect the local governments. 
(c) EXEMPTION FOR FEDERAL PROGRAMS OR UNDERTAKINGS.—The Coun-
cil, with the concurrence of the Secretary, shall promulgate regulations or 
guidelines, as appropriate, under which Federal programs or undertakings 
may be exempted from any or all of the requirements of this division when 
the exemption is determined to be consistent with the purposes of this divi-
sion, taking into consideration the magnitude of the exempted undertaking or 
program and the likelihood of impairment of historic property. 
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