§ 196. Concessions, fees, and voluntary services

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1927

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title VIII § 890(b) · 110 Stat. 888

   Enacted · 20 U.S.C. § 196

   Mar. 4, 1927, ch. 505, § 6, as added Pub. L. 104–127, title VIII, § 890(b), Apr. 4, 1996, 110 Stat. 1181

   Source evidence

   Code source credit
   Mar. 4, 1927, ch. 505, § 6, as added Pub. L. 104–127, title VIII, § 890(b), Apr. 4, 1996, 110 Stat. 1181

   Enacted provision · exact public law section
   (b) Concessions, Fees, and Voluntary Services.— The Act of March 4, 1927 (20 U.S.C. 191 et seq.), is amended by adding at the end the following: “SEC. 6. CONCESSIONS, FEES, AND VOLUNTARY SERVICES. “(a) In General.— Notwithstanding the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and section 321 of the Act of June 30, 1932 (40 U.S.C. 303b), the Secretary of Agriculture, in furtherance of the mission of the National Arboretum, may— “(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 520 of the Revised Statutes (commonly known as the ‘Department of Agriculture Organic Act of 1862’) (7 U.S.C. 2201); “(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) shall be retained in a special fund in the Treasury 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), and the voluntary services of individuals (including employees of the National Arboretum), for the benefit of the National Arboretum.”.

2. 1998

   Agricultural Research, Extension, and Education Reform Act of 1998

   Pub. L. 105–185 title VI § 601(b) · 112 Stat. 523

   Substituted · 20 U.S.C. § 196(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) National Arboretum.— Section 6(b) of the Act of March 4, 1927 (20 U.S.C. 196(b)), is amended by striking “Treasury” and inserting “Treasury. Amounts in the special fund shall be available to the Secretary of Agriculture, without further appropriation,”.

3. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 7602(1) · 128 Stat. 649

   1. Added · 20 U.S.C. § 196(a)(1)

      Pub. L. 113–79, § 7602(1), added par. (1)

   2. Struck · 20 U.S.C. § 196(a)(1)

      Pub. L. 113–79, § 7602(1), struck out former par. (1) which read as follows: “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;”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 113–79, § 7602(1), added par. (1) and struck out former par. (1) which read as follows: “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;”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking paragraph (1) and inserting the following new paragraph: “(1) negotiate concessions and agreements for the National Arboretum with nonprofit scientific or educational organizations, the interests of which are complementary to the mission of the National Arboretum, or nonprofit organizations that support the purpose of the National Arboretum, except that the net proceeds of the organizations from the concessions or agreements, as applicable, shall be used exclusively for— “(A) the research and educational work for the benefit of the National Arboretum; and “(B) the operation and maintenance of the facilities of the National Arboretum, including enhancements, upgrades, restoration, and conservation;” ; and

4. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 7602(2) · 128 Stat. 649

   Added · 20 U.S.C. § 196(d)

   Pub. L. 113–79, § 7602(2), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 113–79, § 7602(2), added subsec. (d).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsection: “(d) Recognition of Donors.— A nonprofit organization that entered into a concession or agreement under subsection (a)(1) may recognize donors if that recognition is approved in advance by the Secretary of Agriculture. In considering whether to approve such recognition, the Secretary shall broadly exercise the discretion of the Secretary to the fullest extent allowed under Federal law.” .

5 of 5 references resolved to an enrolled provision