---
kind: "section"
citation: "54 U.S.C. § 304105"
title: "54"
title_heading: "National Park Service and Related Programs"
number: "304105"
heading: "Administration"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/54/304105"
units:
  - "Subtitle III — National Preservation Programs"
  - "Division A — Historic Preservation"
  - "Subdivision 3 — Advisory Council on Historic Preservation"
  - "Chapter 3041 — Advisory Council on Historic Preservation"
---

# §304105. Administration

- (a) **Executive Director.—** There shall be an Executive [Director](/usc/54/100102.md?p=1) of the [Council](/usc/54/311101.md?p=1) who shall be appointed by the Chairman with the concurrence of the [Council](/usc/54/311101.md?p=1) in the competitive [service](/usc/54/100102.md?p=4) at a rate within the General Schedule, in the competitive [service](/usc/54/100102.md?p=4) 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](/usc/5/5332.md), or in the Senior Executive [Service](/usc/54/100102.md?p=4) under [section 3393 of title 5](/usc/5/3393.md). The Executive [Director](/usc/54/100102.md?p=1) shall report directly to the Chairman and perform such functions and duties as the Chairman may prescribe.
- (b) **General Counsel and Appointment of Other Attorneys.—**
  - (1) **General counsel.—** The [Council](/usc/54/311101.md?p=1) shall have a General Counsel, who shall be appointed by the Executive [Director](/usc/54/100102.md?p=1). The General Counsel shall report directly to the Executive [Director](/usc/54/100102.md?p=1) and serve as the [Council](/usc/54/311101.md?p=1)’s legal advisor.
  - (2) **Appointment of other attorneys.—** The Executive [Director](/usc/54/100102.md?p=1) shall appoint other attorneys as may be necessary to—
    - (A) assist the General Counsel;
    - (B) represent the [Council](/usc/54/311101.md?p=1) in court when appropriate, including enforcement of agreements with Federal agencies to which the [Council](/usc/54/311101.md?p=1) is a party;
    - (C) assist the Department of Justice in handling litigation concerning the [Council](/usc/54/311101.md?p=1) in court; and
    - (D) perform such other legal duties and functions as the Executive [Director](/usc/54/100102.md?p=1) and the [Council](/usc/54/311101.md?p=1) may direct.
- (c) **Appointment and Compensation of Officers and Employees.—** The Executive [Director](/usc/54/100102.md?p=1) of the [Council](/usc/54/311101.md?p=1) may appoint and fix the compensation of officers and employees in the competitive [service](/usc/54/100102.md?p=4) who are necessary to perform the functions of the [Council](/usc/54/311101.md?p=1) at rates not to exceed that prescribed for the highest rate for grade 15 of the General Schedule under [section 5332 of title 5](/usc/5/5332.md). The Executive [Director](/usc/54/100102.md?p=1), with the concurrence of the Chairman, may appoint and fix the compensation of not to exceed 5 employees in the competitive [service](/usc/54/100102.md?p=4) at rates that exceed that prescribed for the highest rate established for grade 15 of the General Schedule under [section 5332 of title 5](/usc/5/5332.md) or in the Senior Executive [Service](/usc/54/100102.md?p=4) under [section 3393 of title 5](/usc/5/3393.md).
- (d) **Appointment and Compensation of Additional Personnel.—** The Executive [Director](/usc/54/100102.md?p=1) may appoint and fix the compensation of such additional personnel as may be necessary to carry out the [Council](/usc/54/311101.md?p=1)’s duties, without regard to the civil [service](/usc/54/100102.md?p=4) laws and chapter 51 and subchapter III of chapter 53 of title 5.
- (e) **Expert and Consultant Services.—** The Executive [Director](/usc/54/100102.md?p=1) may procure expert and consultant [services](/usc/54/100102.md?p=4) in accordance with [section 3109 of title 5](/usc/5/3109.md).
- (f) **Financial and Administrative Services.—**
  - (1) **Services to be provided by secretary, agency, or private entity.—** Financial and administrative [services](/usc/54/100102.md?p=4) (including those related to budgeting, accounting, financial reporting, personnel and procurement) shall be provided the [Council](/usc/54/311101.md?p=1) by the [Secretary](/usc/54/308101.md?p=1) or, at the discretion of the [Council](/usc/54/311101.md?p=1), another agency or private entity that reaches an agreement with the [Council](/usc/54/311101.md?p=1), for which payments shall be made in advance, or by reimbursement, from funds of the [Council](/usc/54/311101.md?p=1) in such amounts as may be agreed on by the Chairman of the [Council](/usc/54/311101.md?p=1) and the head of the agency or the authorized representative of the private entity that will provide the [services](/usc/54/100102.md?p=4).
  - (2) **Federal agency regulations relating to collection apply.—** When a Federal agency affords those [services](/usc/54/100102.md?p=4), the regulations of that agency under [section 5514(b) of title 5](/usc/5/5514.md?p=b) for the [collection](/usc/54/308901.md?p=1) of indebtedness of personnel resulting from erroneous payments shall apply to the [collection](/usc/54/308901.md?p=1) of erroneous payments made to or on behalf of a [Council](/usc/54/311101.md?p=1) employee, and regulations of that agency under sections [1513(d)](/usc/31/1513.md?p=d) and [1514](/usc/31/1514.md) of title 31 for the administrative control of funds shall apply to appropriations of the [Council](/usc/54/311101.md?p=1). The [Council](/usc/54/311101.md?p=1) shall not be required to prescribe those regulations.
- (g) **Funds, Personnel, Facilities, and Services.—**
  - (1) **Provided by federal agency.—** Any Federal agency may provide the [Council](/usc/54/311101.md?p=1), with or without reimbursement as may be agreed on by the Chairman and the agency, with such funds, personnel, facilities, and [services](/usc/54/100102.md?p=4) under its jurisdiction and control as may be needed by the [Council](/usc/54/311101.md?p=1) to carry out its duties, to the extent that the funds, personnel, facilities, and [services](/usc/54/100102.md?p=4) are requested by the [Council](/usc/54/311101.md?p=1) and are otherwise available for that purpose. Any funds provided to the [Council](/usc/54/311101.md?p=1) 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](/usc/54/311101.md?p=1).
  - (2) **Obtaining additional property, facilities, and services and receiving donations of money.—** To the extent of available appropriations, the [Council](/usc/54/311101.md?p=1) may obtain by purchase, rental, donation, or otherwise additional property, facilities, and [services](/usc/54/100102.md?p=4) as may be needed to carry out its duties and may receive donations of money for that purpose. The Executive [Director](/usc/54/100102.md?p=1) may accept, hold, use, expend, and administer the property, facilities, [services](/usc/54/100102.md?p=4), and money for the purposes of this division.
- (h) **Rights, Benefits, and Privileges of Transferred Employees.—** Any employee in the competitive [service](/usc/54/100102.md?p=4) of the United States transferred to the [Council](/usc/54/311101.md?p=1) under section 207 of the National [Historic](/usc/54/308601.md?p=2) Preservation Act (Public Law 89–665) retains all the rights, benefits, and privileges pertaining to the competitive [service](/usc/54/100102.md?p=4) held prior to the transfer.
- (i) **Exemption From Chapter 10 of Title 5.—** The [Council](/usc/54/311101.md?p=1) is exempt from chapter 10 of title 5.
- (j) **Provisions That Govern Operations of Council.—** Subchapter II of chapter 5 and [chapter 7](/usc/5/chptI/ch7.md) of title 5 shall govern the operations of the [Council](/usc/54/311101.md?p=1).

## Source credit

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3211; Pub. L. 114–289, title V, § 501(c)(3), Dec. 16, 2016, 130 Stat. 1490; Pub. L. 117–286, § 4(a)(331), Dec. 27, 2022, 136 Stat. 4342.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 304105(a) through (g) | 16 U.S.C. 470m. | Pub. L. 89–665, title II, § 205, Oct. 15, 1966, 80 Stat. 919; Pub. L. 91–243, § 1(g), May 9, 1970, 84 Stat. 204; Pub. L. 94–422, title II, § 201(7), Sept. 28, 1976, 90 Stat. 1321; Pub. L. 96–515, title III, § 301(i), Dec. 12, 1980, 94 Stat. 2999; Pub. L. 104–333, div. I, title V, § 509(c)(4), Nov. 12, 1996, 110 Stat. 4158; Pub. L. 106–176, title I, § 109, Mar. 10, 2000, 114 Stat. 26; Pub. L. 109–453, § 1(e), Dec. 22, 2006, 120 Stat. 3367. |
| 304105(h) | 16 U.S.C. 470p. | Pub. L. 89–665, title II, §§ 208, 209, as added Pub. L. 94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat. 1322. |
| 304105(i), (j) | 16 U.S.C. 470q. |  |

In subsection (a), the words “at a rate within the Executive Schedule” are added to retain the ability to hire an Executive Director within the General Schedule. The words “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” are added for consistency with the intent of the source provision language as it existed in 1966, which included all Federal employees. The language is updated to reflect the existence of the Senior Executive Service and senior level employees above grade 15.

In subsection (c), the words “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” are substituted for “not to exceed that now or hereafter prescribed for the highest rate of grade 15 of the General Schedule under section 5332 of title 5” for consistency with the intent of the source provision language as it existed in 1966, which included all Federal employees. The language is updated to reflect the existence of the Senior Executive Service and senior level employees above grade 15.

In subsection (d), the words “chapter 51 and subchapter III of chapter 53 of title 5” are substituted for “the Classification Act of 1949” because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the 1st section of which enacted Title 5, United States Code.

In subsection (f)(1), the word “Secretary” is substituted for “Department of the Interior” because of 43 U.S.C. 1451.

### Editorial Notes

### References in Text

Section 207 of the National Historic Preservation Act, referred to in subsec. (h), is section 207 of Pub. L. 89–665, as added Pub. L. 94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat. 1322, which related to transfer of personnel and property by Department of the Interior to Advisory Council on Historic Preservation and was classified to section 470o of Title 16, Conservation, prior to repeal by Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272.

### Amendments

2022—Subsec. (i). Pub. L. 117–286 substituted “Chapter 10 of Title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).” in text.

2016—Subsec. (a). Pub. L. 114–289 substituted “report directly to the Chairman” for “report directly to the Council” and “duties as the Chairman may prescribe” for “duties as the Council may prescribe”.