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MATERIAL AND ARTICLES EXEMPT FROM TITLE. this title shall not apply to eological or ethnological material or any article perty which is imported into the United States exhibition or display if such material or article n seizure under judicial process pursuant to the n Act to render immune from seizure under juertain objects of cultural significance imported
States for temporary display or exhibition, and ses", approved October 19, 1965 (22 U.S.C. 2459);
nated archaeological or ethnological material or
cultural property imported into the United aterial or article een held in the United States for a period of han three consecutive years by a recognized religious or secular monument or similar instiwas purchased by that institution for value, in and without notice that such material or article ed in violation of this title, but only ife acquisition of such material or article has ported in a publication of such institution, any ly published newspaper or periodical with a cion of at least fifty thousand, or a periodical or on catalog which is concerned with the type of or materials sought to be exempted from this
ch material or article has been exhibited to the or a period or periods aggregating at least one ring such three-year period, or ach article or material has been cataloged and alog material made available upon request to lic for at least two years during such three
paragraph (A) does not apply, has been within States for a period of not less than ten consecund has been exhibited for not less than five such period in a recognized museum or reliular monument or similar institution in the es open to the public; or aragraphs (A) and (B) do not apply, has been United States for a period of not less than ten years and the State Party concerned has rehould have received during such period fair ugh such adequate and accessible publication, ans, as the Secretary shall by regulation prelocation within the United States; and e of the preceding subparagraphs apply, has the United States for a period of not less than -cutive years and the claimant establishes that
the material or article for value without knowledge or reason to believe that it was imported in vio
lation of law. SEC. 313.29 REGULATIONS.
The Secretary shall prescribe such rules and regulations as are necessary and appropriate to carry out the provisions of this title. SEC. 314.30 ENFORCEMENT.
In the customs territory of the United States, and in the Virgin Islands, the provisions of this title shall be enforced by appropriate customs officers. In any other territory or area within the United States, but not within such customs territory or the Virgin Islands, such provisions shall be enforced by such persons as may be designated by the President. SEC. 315. EFFECTIVE DATE.
(a) IN GENERAL.-This title shall take effect on the ninetieth day after the date of the enactment of this Act or on any date which the President shall prescribe and publish in the Federal Register, if such date is—
(1) before such ninetieth day and after such date of enactment; and
(2) after the initial membership of the Committee is appointed. (b) EXCEPTION.-Notwithstanding subsection (a), the members of the Committee may be appointed in the manner provided for in section 306 at any time after the date of the enactment of this Act. 14. United States Recognition and Participation in International
29 19 U.S.C. 2612 30 19 U.S.C. 2613.
Expositions Public Law 91-269 (S. 856), 84 Stat. 271, 22 U.S.C. 2801-2807, approved May 27,
1970; as amended by Public Law 97-254 (H.R. 6409), 96 Stat. 808, approved September 8, 1982
AN ACT To provide for Federal Government recognition of and participation in
international expositions proposed to be held in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That ' the Congress finds that
(a) international expositions, when properly organized, financed, and executed, have a significant impact on the economic growth of the region surrounding the exposition and, under appropriate international sanction, are important instruments of national policy, particularly in the exchange of ideas and the demonstration of cultural achievements between peoples;
(b) in view of the widely varying circumstances under which international expositions have developed in the United States, the different degrees to which the Federal Government has assisted and participated in such expositions, and the increasing number of proposals for future expositions, the national interest requires that Federal action concerning such expositions be given orderly consideration; and
(c) such orderly consideration is best achieved by the development of uniform standards, criteria, and procedures to establish the conditions under which the Government hereafter will (A) recognize international expositions proposed to be held in the United States, and (B) take part in such expositions.
FEDERAL RECOGNITION Sec. 2.2 (a) Any international exposition proposed to be held in the United States shall be eligible on application from its sponsors to receive the recognition of the Federal Government upon a finding of the President that recognition will be in the national interest. In making such a finding the President shall consider
(1) a report by the Secretary of Commerce which shall include (A) an evaluation of purposes and reasons for the exposition, and (B) a determination that guaranteed financial and other support has been secured by the exposition from affected State and local governments and from business and civic leadership of the region and others, in amounts sufficient in his judgment to assure the successful development and progress of the exposition;
1 22 U.S.C. 2801. 2 22 U.S.C. 2802.
(2) a report by the Secretary of State that the proposed exposition qualifies for consideration of registration by the Bureau of International Expositions (hereafter referred to as BIE); and
(3) such other evidence as the President may consider to be appropriate. (b) Upon a finding by the President that an international exposition is eligible for Federal recognition, the President may take such measures recognizing the exposition as he deems proper, including, but not limited to
(1) presenting of an official request by the United States for registration of the exposition by the BIE;
(2) providing for fulfillment of the requirements of the Convention of November 22, 1928, as amended, relating to international expositions; and
(3) extending invitations, by proclamation or by such other manner he deems proper, to the several States of the Union and to foreign governments to take part in the exposition, provided that he shall not extend such an invitation until he has
been notified officially of BIE registration for the exposition. (c) The President shall report his actions under this section promptly to the Congress.
FEDERAL PARTICIPATION SEC. 3.3 (a) 4 The Federal Government may participate in an international exposition proposed to be held in the United States only upon the authorization of the Congress. If the President finds that Federal participation is in the national interest, he shall transmit to the Congress his proposal for such participation, which proposal shall include
(1) 4 evidence that the international exposition has met the criteria for Federal recognition and, pursuant to section 2 of this Act, it has been so recognized;
(2) 4 a statement that the international exposition has been registered by the BIE; and
(3) 4 a plan prepared by the Secretary of Commerce in cooperation with other interested departments and agencies of the Federal Government for Federal participation in the exposition. The Secretary of Commerce shall include in such plan any documentation described in subsection (bX1XA) of this section, a rendering of any design described in subsection (b)(1)(B) of this section, and any recommendation based on the determi
nation under subsection (b)(1XC) of this section.5 (b) 4 (1) In developing a plan under subsection (a)(3) of this section the Secretary of Commerce shall consider whether the plan should include the construction of a Federal pavilion. If the Secretary of Commerce determines that a Federal pavilion should be constructed, he shall request the Administrator of General Services (hereinafter in this section referred to as the “Administrator”) to determine, in consultation with such Secretary, whether there is a federally endorsed need for a permanent structure in the area of the exposition. If the Administrator determines that any such need exists
3 22 U.S.C. 2803.
* Sec. 16 of Public Law 97-254 (96 Stat. 812) inserted the subsec. designation “(a)", substituted the clause designations of (1), (2), and (3) in lieu of (a), (b), and (c), respectively, and added a new subsec. (b).
5 Sec. 16 of Public Law 97-254 (96 Stat. 812) substituted this sentence in lieu of the final three sentences of clause (3).
(A) the Administrator shall fully document such determination, including the identification of the need, and shall transmit such documentation to the Secretary of Commerce;
(B) the Secretary of Commerce, in consultation with the Administrator, shall design a pavilion which satisfies the federally endorsed needs for
(i) participation in the exposition; and
(ii) permanent use of such pavilion after the termination of participation in the exposition; and (C) the Secretary of Commerce shall determine whether the Federal Government should be deeded a satisfactory site for the Federal pavilion in fee simple, free of all liens and encum
brances, as a condition of participation in the exposition. (2) Notwithstanding paragraph (1)(B) of this subsection, if the Secretary of Commerce, in consultation with the Administrator de termines that no design of a Federal pavilion will satisfy both needs described in paragraph (1)(B) of this subsection, the Secretary shall design a temporary Federal pavilion.
(c) The enactment of a specific authorization of appropriations shall be required
(1) to construct a Federal pavilion in accordance with the plan prepared pursuant to subsection (a)(3) of this section;
(2) if the Federal pavilion is not temporary, to modify such Federal pavilion after termination of participation in the exposition if modification is necessary to adapt such pavilion for use by the Federal Government to satisfy a need described in subsection (b)(1)(B)(ii) of this section; and
(3) if the Federal pavilion is temporary, to dismantle, demolish, or otherwise dispose of such Federal pavilion after termi
nation of Federal participation in the exposition. (d) For the purposes of this section
(1) a Federal pavilion shall be considered to satisfy both needs described in subsection (b)(1)(B) of this section if the Federal pavilion which satisfies the needs described in paragraph (1)(B)(i) of such subsection can be modified after completion of the exposition to satisfy the needs described in paragraph (1)(B)(ii) of such subsection, provided that such modification shall cost no more than the expense of demolition, dismantling, or other disposal, or if the cost is higher, it shall be no more than 50 per centum of the original cost of the construction of the pavilion; and
(2) a Federal pavilion is temporary if the Federal pavilion is designed to satisfy the minimum needs of the Federal Government described in subsection (b)(1)(B)(i) of this section and is intended for disposal by the Federal Government after the termination of participation in the exposition.