Volume 92 · 290
Public Law 95–290
To provide for the establishment of the Lowell National Historical Park in the Commonwealth of Massachusetts, and for other purposes.
Approved June 5, 1978
Statutory text
An Act
To provide for the establishment of the Lowell National Historical Park in the Commonwealth of Massachusetts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. findings and purpose
The Congress finds that—
certain sites and structures in Lowell, Massachusetts, historically and culturally the most significant planned industrial city in the United States, symbolize in physical form the Industrial Revolution;
the cultural heritage of many of the ethnic groups that immigrated to the United States during the late nineteenth and early twentieth centuries is still preserved in Lowell’s neighborhoods;
a very large proportion of the buildings, other structures, and districts in Lowell date to the period of the Industrial Revolution and are nationally significant historical resources, including the five-and-six-tenths-mile power canal system, seven original mill complexes, and significant examples of early housing, commercial structures, transportation facilities, and buildings associated with labor and social institutions; and
despite the expenditure of substantial amounts of money by the city of Lowell and the Commonwealth of Massachusetts for historical and cultural preservation and interpretation in Lowell, the early buildings and other structures in Lowell may be lost without the assistance of the Federal Government.
It is the purpose of this Act to preserve and interpret the nationally significant historical and cultural sites, structures, and districts in Lowell, Massachusetts, for the benefit and inspiration of present and future generations by implementing to the extent practicable the recommendations in the report of the Lowell Historic Canal District Commission.
Sec. 2. definitions
For purposes of this Act—
the term “park” means the Lowell National Historical Park, established by section 101(a)(1) of this Act;
the term “preservation district” means the Lowell Historic Preservation District, established by section 101(a)(1) of this Act;
the term “Commission” means the Lowell Historic Preservation Commission established by section 301(a) of this Act;
the term “Secretary” means the Secretary of the Interior; and
the term “report of the Lowell Historic Canal District Commission” means the report submitted to the Congress by the Lowell Historic Canal District Commission pursuant to an Act entitled “An Act to provide for a plan for the preservation, inter-pretation development and use of the historic, cultural, and architectural resources of the Lowell Historic Canal District in Lowell, Massachusetts, and for other purposes”, approved January 4, 1975 (88 Stat. 2330).
TITLE I— ESTABLISHMENT OF PARK AND PRESERVATION DISTRICT
Sec. 101. establishments; boundaries
To carry out the purpose of this Act, there is
established as a unit of the National Park System in the city of Lowell, Massachusetts, the Lowell National Historical Park. There is further established in an area adjacent to the park the Lowell Historic Preservation District, which will be administered by the Secretary and by the Commission in accordance with this Act. The boundaries of the park and preservation district shall be the boundaries depicted on the map entitled “Lowell National Historical Park, Massachusetts”, dated March 1978, and numbered “Lowe–80,008A”. Such map shall be on file and available for inspection in the office of the National Park Service, Department of the Interior, and in the office of the city clerk, city of Lowell.
The Secretary shall publish in the Federal Register, as soon as
Publication in Federal Register.
practicable after the date of the enactment of this Act, a detailed description and map of the boundaries established under paragraph (1) of this subsection.
The Secretary may make minor revisions of the park and preservation district boundaries established under subsection (a)(1) of this section, after consulting with the Commission and the city manager of Lowell, by publication of a revised drawing or other boundary description in the Federal Register; but no waters, lands, or other property outside of the park or preservation district boundaries established under such subsection may be added to the park or preservation district without the consent of the city manager of Lowell and the city council of LowelL A boundary revision made
Notice to Congress.
under this subsection shall be effective only after timely notice in writing is given to the Congress.
Sec. 102. cooperation of federal agencies
Any Federal entity conducting or supporting activities
directly affecting the park or preservation district shall—
consult with, cooperate with, and to the maximum extent practicable, coordinate its activities with the Secretary and with the Commission; and
conduct or support such activities in a manner which (A) to the maximum extent practicable is consistent with the standards and criteria established pursuant to section 302(e) of this Act, and (B) will not have an adverse effect on the resources of the park or preservation district.
No Federal entity may issue any license or permit to any person to conduct an activity within the park or preservation district unless such entity determines that the proposed activity will be conducted in a manner consistent with the standards and criteria established pursuant to section 302(e) of this Act and will not have an adverse effect on the resources of the park or preservation district.
Sec. 103. authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this Act, except that—
the total of the amounts authorized to be appropriated for the purpose of acquisition and development under the park management plan established pursuant to section 201(b) of this Act and emergency assistance under section 205(a)(1) of this Act shall not exceed $18,500,000; and
the total of the amounts authorized to be appropriated for the purpose of carrying out section 302(b)(2) of this Act, for the payment of grants and loans under section 303 of this Act, for the acquisition of property under section 304 of this Act, and for carrying out any transportation program and any educational and cultural program described in section 302(c) of this Act shall not exceed $21,500,000.
No funds shall be authorized pursuant to this section prior to October 1, 1978.
Funds appropriated under subsection (a) of this section shall remain available until expended.
Report to Congress.(d)
Within 60 days after the date of the enactment of this Act, and on each subsequent October 1 and March 1, the Secretary shall submit to the Congress a statement certifying the aggregate amount of money expended by the Commonwealth of Massachusetts, the city of Lowell, and by any nonprofit entity for activities in the city of Lowell consistent with the purpose of this Act during the period beginning on January 1, 1974, and ending on the date such statement is submitted.
The aggregate amount of funds made available by the Secretary to the Commission from funds appropriated under subsection (a)(2) of this section may not exceed the amount certified by the Secretary in the most, recent statement submitted to the Congress under paragraph (1) of this subsection.
Sec. 104. spending limitations
Notwithstanding any other provision of this Act, no authority to enter into agreements or to make payments under this Act shall be effective except to the extent, or in such amounts, as may be provided in advance in appropriation Acts.
TITLE II— ROLE OF THE SECRETARY
Sec. 201. park management plan
The Secretary shall submit a statement to the Congress, within two veal’s after the date on which funds are made available to carry out this Act, which—
reports on the progress that the Secretary has made in acquiring the properties identified under section 202 of this Act, and describes the way the Secretary intends to use these properties;
identifies the properties within the park and preservation district respecting which the Secretary has entered into or intends to enter into agreements relating to interpretive exhibits or programs under section 203 (a) of this Act;
(A) reports on the progress of the Secretary in leasing a portion of the Lowell Manufacturing Company, located on Market Street, for the purpose of establishing a visitors’ center in close proximity to parking and other transportation facilities, and (B) identifies any other property within the park which the Secretary has leased or intends to lease for purposes of the park:
reports any other activities which the Secretary has taken or intends to take to carry out the purpose of this Act; and
contains a tentative budget for the park and preservation district for the subsequent five fiscal years.
Not later than three years after the date on which funds
Plan, submittal to Congress.
are made available to carry out this Act, the Secretary shall establish and submit to the Congress a park management plan containing the information described in subsection (a) of this section. Such plan shall,
Availability to public.
upon request, be available to the public.
lifter consulting with the Commission, the city manager
Publication in Federal Register.
of Lowell, and the Commonwealth of Massachusetts, the Secretary may make revisions in the park management plan established pursuant to paragraph (1) of (his subsection by publication of such revisions in the Federal Register. A revision made under this paragraph shall be
Notice to Congress.
effective 90 days after written notice of the revision is submitted to the Congress.
Sec. 202. acquisition of property
The Secretary is authorized to acquire the properties
designated in paragraph (2) of this subsection, or any interest therein, by donation, purchase with donated or appropriated funds, condemnation, or otherwise. Any property or interest therein owned by the Commonwealth of Massachusetts or any political subdivision thereof may be acquired only by donation. The Secretary may initiate condemnation proceedings under this paragraph only after making every reasonable effort to acquire property through negotiations and purchase, and consulting with the Commission (if established) and the city council of Lowell.
The properties referred to in paragraph (1) of this subsection are the following:
The Linus Childs House, 63 Kirk Street.
The H and H Paper Company (commonly referred to as Boott Mill Boarding House.), 42 French Street.
Old City Hall, 226 Merrimack Street.
Merrimack Gatehouse, 265) Merrimack Street.
The Wannalancit Textile Company. 562 Suffolk Street.
The structures containing the Jade Pagoda and Solomon’s Yard Goods, 210 and 200 Merrimack Street.
Until the date on which the. Commission conducts its first meeting, the Secretary may acquire any property within the park or preservation district not designated in subsection (a)(2) of this section, or any interest therein, if such property—
is identified in the report of the Lowell Historical Canal District Commission as a property which should be preserved, restored, managed, developed, or maintained in a manner consistent with the purpose of this Act;
is listed in the National Register of Historic Places, as maintained by the Secretary pursuant to section 101(a) of the Act entitled “An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes”, approved October 15, 1966 (16 U.S.C. 470a), and section 2(b) of the Act entitled “An Act to provide, for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935 (16 U.S.C. 462); or
is determined by the Secretary to be of national significance; and would be subject to demolition or major alteration in a manner inconsistent with the purposes of this Act unless acquired by the Secretary. Such property may be acquired only as provided in subsection (a)(1) of this section.
The Secretary may acquire easements within the park for the purpose of carrying out this Act. Such easements may be acquired only as provided in subsection (a)(1) of this section.
Sec. 203. agreements and technical assistance
The Secretary may enter into agreements with any owner of property with national historic or cultural significance within the park to provide for interpretive exhibits or programs. Such agreements shall provide, whenever appropriate, that—
the public may have access to such property at specified, reasonable times for purposes of viewing such property or the exhibits or attending the programs established by the Secretary under this subsection; and
the Secretary may make such minor improvements to such property as the Secretary deems necessary to enhance the public use and enjoyment of such property, exhibits, and programs.
The Secretary shall provide, upon request, technical assistance to—
Regulations.(A)
the city of Lowell to assist the city in establishing regulations or laws consistent, with the standards and criteria established pursuant to section 302 (e) of this Act; and
the Commission to assist the Commission in establishing the index and the standards and criteria required by section 302 of this Act.
The Secretary may provide to any owner of property within the park or preservation district, the Commission, the Commonwealth of Massachusetts, the city of Lowell, and any other Federal entity or any institution such technical assistance as the Secretary considers appropriate to carry out the purpose of this Act.
Sec. 204. withholding of funds
The Secretary may refuse to obligate or expend any money appropriated for the purposes described in section 103(a)(1) of this Act or section 103(a)(2) of this Act if the Secretary determines that—
the city of Lowell has failed to establish regulations or laws consistent with the standards and criteria established pursuant to section 302 (e) of this Act within one year after the date such standards and criteria have been established, except that the Secretary may extend such one-year period for not more than six months if the Secretary determines that the city has made a good faith effort to establish such regulations or laws;
the city of Lowell has failed to notify the Commission of (1) applications for building permits or zoning variances respecting any property which is included in the index established pursuant to section 302(d) of this Act, or (2) any proposals of the city of Lowell to change the regulations or laws described in paragraph (c)(1) of this subsection;
during the period before the city of Lowell has established regulations or laws consistent with the standards and criteria established pursuant to section 302(e) of this Act, the city of Lowell has granted any building permit or zoning variance or has taken any other action respecting any property within the park or preservation district, which either the Secretary or the Commission consider to be inconsistent with such standards and criteria;
after the city of Lowell has established the regulations or laws described in subparagraph (1) of this paragraph, the city of Lowell has granted any building permit or zoning variance or has taken any other action respecting any property within the park or preservation district, which either the Secretary or the Commission consider to be inconsistent with such regulations or laws; or
the Commission has not made good faith efforts to (1) provide for the preservation, restoration, management, development, or maintenance of property within the park and preservation district or (2) carry out the park preservation plan approved under section 302 of this Act.
Sec. 205. general administrative functions
The Secretary, acting through the National Park
Service, shall take appropriate actions to implement to the extent practicable the park management plan established pursuant to section 201(b) of this Act. In carrying out such plan, the Secretary shall
Rules and regulations.
administer the park in accordance with laws, rules, and regulations applicable to the national park system. Before the date on which the Commission conducts its first meeting, the Secretary may take any other action the Secretary deems necessary to provide owners of property with national historic or cultural significance within the park or preservation district with emergency assistance for the purpose of preserving and protecting their property in a manner consistent with the purpose of this Act.
Subject to sections 204 and 302(b) of this Act, the Secretary
Funds, availability.
shall make available to the Commission any funds appropriated under section 103(a)(2) of this Act for the purpose of carrying out title III of this Act.
Notwithstanding any other provisions of law, the Secretary may accept donations of funds, property, or services from individuals, foundations, corporations, and other private entities, and from public entities, for the purpose of implementing the park management plan.
The Secretary may sponsor or coordinate within the park and preservation district such educational or cultural programs as the Secretary considers appropriate to encourage appreciation of the resources of the park and preservation district.
The Secretary may acquire such leases respecting property within the park as may be necessary to carry out the purpose of this Act.
TITLE III— ROLE OF THE COMMISSION
Sec. 301. establishment of lowell historic preservation commission
There is established within the Department of the
Interior a commission to be known as the Lowell Historic Preservation Commission which shall administer the preservation district and provide certain services within the park in accordance with this title. The
Members.
Commission shall consist of fifteen members appointed by the Secretary as follows:
Three members who are members of the city council of Lowell, appointed from recommendations made by the mayor of Lowell.
Three members appointed from recommendations made by the city manager of Lowell of persons who are representative of organized labor, the business community, local neighborhoods, and cultural institutions, and who are, not elected officials,
One member appointed from recommendations made by the president of the University of Lowell.
Three members appointed from recommendations made by the Governor of the Commonwealth of Massachusetts.
One member appointed from recommendations made by the Secretary of Commerce and who shall be an employee of the Department of Commerce.
One member appointed from recommendations made by the Secretary of Transportation and who shall be an employee of the Department of Transportation.
One member appointed from recommendations made by the Secretary of Housing and Urban Development and who shall be an employee of the Department of Housing and Urban Development.
Two members who are qualified to serve on the Commission because, of their familiarity with programs of the Department of the, Interior involving national parks and historic preservation and who shall be an employee of the Department of the Interior.
If any member of the Commission who was appointed to the Commission under paragraph (1) or (4) of subsection (a) of this section as a member of the city council of Lowell or any other government leaves that office, or if any member of the Commission who was appointed from persons who are not elected officials of any government becomes an elected official of a government, such person may continue us a member of the Commission for not longer than the thirty-day period beginning on the date such person leaves that office or becomes such an elected official, as the case may be.
Terms of office.(c)
Except its provided in paragraph (2) of this subsection, members shall be appointed for terms of two year’s. A member may be reappointed only three times unless such member was originally appointed to fill a vacancy pursuant to subsection (e)(1) of this section, in which case such member may be reappointed four times.
Of the members first appointed pursuant to subsection (a) of this section, tire following shall be appointed for terms of three years:
The members appointed pursuant to paragraphs (2), (3), and (8) of such subsection.
One of the members appointed pursuant to paragraph (4) of such subsection, as designated by the Secretary at the time of appointment upon recommendation of the Governor.
The chairman of the Commission shall be elected by the members of the Commission. The term of the chairman shall be two years.
Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made.
Any member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed. Any member may serve after the expiration of his term for a period not longer than thirty days.
Eight members of the Commission shall constitute a quorum, but a lesser number may hold hearings.
The Commission shall meet at least once each month, at the call of the chairman or a majority of its members.
Except as provided in paragraph (2) of this subsection, members of the Commission shall each be entitled to receive $100 for each day (including travel time) during which they are engaged in the performance of the duties of the Commission.
Members of the Commission who are full-time officers or employees of the United States, the city of Lowell, or the Commonwealth of Massachusetts shall receive no additional pay on account of their service on the Commission.
While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5 of the United States Code.
The Commission established pursuant to this Act, shall cease
Termination.
to exist ten years from the date of enactment of this Act.
Sec. 302. park preservation plan and index
Within one year after the date on which the Commission
conducts its first meeting, the (Commission shall submit to the Secretary a draft park preservation plan meeting the requirements of subsection (c) of this section. The Secretary shall review the draft park preservation plan and, within ninety days after the date on which such plan is submitted to the Secretary, suggest appropriate changes in such plan to the Commission.
Within eighteen months after the date on which the Commission conducts its first meeting, the Commission shall submit to the Secretary a park preservation plan which meets the. requirements of subsection (c) of this section. The Secretary shall, within ninety days after the date on which such plan is submitted to the Secretary, approve or disapprove such plan. The Secretary may not approve such plan unless the Secretary determines that such plan would adequately carry out the purpose of this Act.
If the Secretary disapproves a park preservation plan, the Secretary shall advise the Commission of the reasons for such disapproval together with the recommendations of the Secretary for revision of such plan. Within such period as the Secretary may designate, the Commission shall submit a revised park preservation plan to the Secretary. The Secretary shall approve or disapprove any revised park preservation plan in the same manner as required in paragraph (2) of this subsection for the approval or disapproval of the original park preservation plan.
If the. Secretary approves a park preservation plan, the Secretary
Publication in Federal Register.
shall publish notice of such approval in the Federal Register and shall forward copies of the approved plan to the Congress.
Any park preservation plan or draft plan submitted to the
Availability to public.
Secretary under this subsection shall, upon request, be available to the public.
No changes other than minor revisions may be made, in the approved park preservation plan without the approval of the Secretary. The Secretary shall approve or disapprove, any proposed change in the approved park preservation plan, except minor revisions in the same manner as required in paragraph (2) of this subsection for the approval or disapproval of the original park preservation plan.
Except as provided in paragraph (2) of this subsection, the Secretary shall not make any funds available to the Commission to carry out section 303 or 304 of this Act until a park preservation plan has been approved under subsection (a) of this section.
Funds, availability.(2)
Before a park preservation plan is approved under subsection (a) of this section, the Secretary may make available to the Commission such funds as the Commission may request to carry out any activity specified in paragraph (3) of this section. However, no funds shall be made available under this paragraph unless a proposal describing such activity is reviewed and approved by the Secretary.
The Commission may request funds from the Secretary to—
carry out activities to preserve, restore, manage, develop, or maintain any property identified in subsection (c)(1) of this section:
take any action the Commission considers necessary to provide owners of property with national historical or cultural significance within the. park or preservation district with emergency assistance for the purpose of preserving and protecting their property in a manner consistent with the purpose of this Act: or
acquire in accordance with section 304 of this Act, any property within the park which—
is identified in the report of the Lowell Historic Canal District Commission as a property which should be preserved, restored, managed, developed, or maintained in a manner consistent with the purpose of this Act;
is listed in the National Register of Historic Places, as maintained by the Secretary pursuant to section 101 (a) of the Act entitled “An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes”, approved October 15, 1966 (16 U.S.C. 470a), and section 2(b) of the Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935 (16 U.S.C. 462); or
is determined by the Secretary to be of national significance;
and would be subject to demolition or major alteration in a manner inconsistent with the purpose of this Act unless acquired by the Commission.
Any plan submitted to the Secretary under subsection (a) of this section shall—
describe the manner in which the Commission, to the extent practicable in accordance with the recommendations in the report of the Lowell Historic Canal District Commission, proposes to provide for the preservation, restoration, management, development, or maintenance of—
the Welles Block, 169 Merrimack Street;
the Jordan Marsh Company Building, 153 Merrimack Street and 15 Kirk Street;
the Yorick Club, 91 Dutton Street;
the Lowell Gas Light Company, 22 Shattuck Street;
St. Anne’s Church and Rectory, 237 Merrimack Street;
Lowell Institution for Savings, 18 Shattuck Street;
the Ahepa Building, 31 Kirk Street;
Boott Mill, Foot of John Street;
Lowell Manufacturing Company on Market Street;
the structure commonly referred to as the Early Residence, 45, 47, and 49 Kirk Street;
identify the properties included in the index established pursuant to subsection (d) of this section;
identify the properties which the Commission intends to acquire under section 304 of this Act and specify how such properties shall be used;
include the standards and criteria established pursuant to subsection (e) of this section;
provide a detailed description of the manner in which the Commission intends to implement the grant and loan programs under section 303 of this Act, including information relating to the estimated amount of such grants and the manner in which such grants shall be awarded by the Commission;
provide for a transportation program by which the Commission shall provide, directly or by agreement with any person or any public or private entity, transportation services and facilities for park and preservation district visitors, including barge equipment, docking facilities, and local rail facilities;
provide for educational and cultural programs to encourage appreciation of the resources of the park and preservation district; and
include a tentative budget for the subsequent five fiscal years.
The Commission shall establish, within one year after the date
Index.
on which the Commission conducts its first meeting, an index which includes—
any property in the park or preservation district (except for any property identified in section 201(a)(2) of this Act) which should be preserved, restored, managed, developed, maintained, or acquired by the Commission because of its national historic or cultural significance; and
any property which should be preserved, restored, managed, developed, or maintained in a manner compatible with the purpose of this Act because of its proximity to (A) any property referred to in paragraph (1) of this subsection, or (B) any property designated in section 201 (a)(2) of this Act.
The index may be modified only by a majority vote of the members of the Commission, taken when a quorum is present.
The Commission shall establish standards and criteria
Standards and criteria.
applicable to the construction, preservation, restoration, alteration, and use of all properties within the preservation district with the advice of the Commonwealth of Massachusetts and of the Secretary, and the consent of the city manager of Lowell.
The Commission shall establish the standards and criteria described in paragraph (1) of this subsection for any property within the park with the advice of the Commonwealth of Massachusetts and the city manager of Lowell and subject to the review and approval of the Secretary.
The Commission shall establish standards and criteria under paragraphs (1) and (2) of this subsection within one year after the date on which the Commission conducts its first meeting. Such stand-ards and criteria may be revised in the same manner in which they were originally established.
Publication in Federal Register.(4)
The Secretary shall publish the standards and criteria established under paragraphs (1) and (2) of this subsection, and any revisions thereof, in the Federal Register.
Sec. 303. loans, grants, and technical assistance
The Commission may make loans to the Lowell Development and Financial Corporation (established under chapter 844 of the Massachusetts General Laws and hereinafter referred to as the “corporation”) to enable the corporation to provide low interest loans for the preservation, restoration, or development of any property described in section 302(d)(1) of this Act. The Commission may make any such loan to the corporation only after entering into a loan agreement with the corporation which includes the following terms:
The loan to the corporation shall have a maturity of thirty-five years. At the end of such period, the corporation shall repay to the Secretary of the Treasury (in a lump sum) for deposit in the general fund of the Treasury the full amount of the loan and any additional amounts accruing to the corporation pursuant to this subsection excepting those amounts expended by the corporation for reasonable administrative expenses.
The money received from the Commission, and any interest earned on such money, may be obligated by the corporation only for low interest loans made under paragraphs (6) and (7) of this subsection, except that the corporation may use such money to the extent the Commission considers reasonable to satisfy the costs of the corporation in administering the loan or procuring loan guarantees or insurance.
Within five years after receiving the loan from the Commission, the corporation shall make loans under paragraphs (6) and (7) of this subsection which, in the aggregate, obligate the full amount of money received from the Commission (minus any amount required to satisfy the costs described in paragraph (2) of this subsection).
As loans made under paragraphs (6) and (7) of this subsection are repaid, the corporation shall make additional loans under such paragraphs with the money made available for obligation by such repayments.
The corporation shall make available to the Commission and to the Secretary, upon request, all accounts, financial records, and other information related to loans made under paragraphs (6) and (7) of this subsection.
Before the corporation approves any application for a low interest loan for which money has been made available to the corporation by the Commission, the corporation shall require the prospective borrower to furnish the corporation with a statement from the Commission stating that the Commission has reviewed the application and has determined that any loan received by the prospective borrower will be spent in a manner consistent with—
the standards and criteria established pursuant to section 302(e) of this Act, and
the goals of the park preservation plan approved under section 302(a) of this Act.
The corporation may approve any application for a low interest loan which meets the terms and conditions prescribed by the corporation with the approval of the Commission and for which money has been made available to the corporation by the Commission if—
the prospective borrower furnishes the corporation with the statement described in paragraph (6) of this subsection;
the corporation determines that such borrower has sufficient financial resources to repay the loan; and
such borrower satisfies any other applicable credit criteria established by the corporation.
In order to determine whether the corporation has complied with this
Audit.
subsection, the Commission, or such other appropriate person or entity as the Commission may designate, shall conduct an audit at least once every two years of all accounts, financial records, and other information related to loans made under paragraphs (6) and (7) of this subsection. If the Commission determines, after conducting a hearing on
Hearing.
the record, that the corporation has substantially failed to comply with this subsection, the outstanding balance of any loan made to the corporation under this subsection shall become payable in full upon the demand of the Commission.
The Commission may make grants to owner’s of property described in section 302(d)(1) of this Act for the preservation, restoration, management, development, or maintenance of such property in a manner consistent with the standards and criteria established pursuant to section 302 (e) of this Act.
The Commission, with the approval of the Secretary, may make grants to any person or any public or private entity to provide for (i) educational and cultural programs which encourage appreciation of the resources of the park and preservation district, or (ii) any planning, transportation, maintenance, or other services the Commission considers necessary to carry out the purposes of this Act.
Grants under this subsection shall be made under agreements which specify the amount of the grant, the installments (if any) by which the grant shall be paid to the grant recipient, the purpose for which the grant may be used, and any other condition the Commission considers appropriate. The Commission shall be entitled, under the terms of any grant agreement, to recover from the recipient any funds used in a manner inconsistent with such grant agreement.
The Commission with the advice of the Secretary may provide technical assistance to—
owners of property within the park or preservation district to assist such owners in (A) making repairs to or improvements in any property included in the index established pursuant to section 302(d) of this Act, or (B) applying for loans under subsection (a) of this section; and
any other person or public or private entity to assist such person or entity in taking actions consistent with the purpose of this Act.
The Commission shall make available to the Secretary, upon request, all accounts, financial records, and other information of the Commission relating to giants and loans made under this section.
The Secretary shall make an annual report to the Congress
Report to Congress.
describing the loans, grants, and technical assistance provided under this section and under section 203 of this Act. Such report shall specify the amount, recipient, and purpose of any loan, grant or technical assistance so provided and contain such additional information as the Secretary considers appropriate.
Sec. 304. acquisition and disposition of property
The Commission may acquire any property designated in paragraph (3) of this subsection, any property described in section 302(d)(1) of this Act, or any interest therein, by donation, by purchase with donated or appropriated funds, or by condemnation in accordance with paragraph (2) of this subsection.
Only properties within the park or property designated in paragraph (3) of this subsection may be acquired by the Commission by condemnation. The Commission may initiate condemnation proceedings only after making every reasonable effort to acquire any such property through negotiations and purchase and consulting with the city council of Lowell. No lands or interests therein may be acquired by the Commission by condemnation without the approval of the Secretary.
The Commission may acquire in accordance with paragraph (1) of this subsection the following properties, or any interest therein:
World Furniture Building, 125 Central Street; and
The Martin Building, 102–122 Central Street.
The Commission, with the approval of the Secretary, may sell or lease any property which it acquires under subsection (a) of this section subject to such deed restrictions or other conditions as the Commission deems appropriate to carry out the purpose of this Act.
Pursuant to a written agreement between the Commission and the Commonwealth of Massachusetts, the Commission, with the approval of the Secretary, may sell, donate, lease, or in any other manner the Commission and the Secretary deem appropriate make available to the Commonwealth any property which the Commission has acquired under subsection (a) of this section in order to provide for the administration or maintenance of such property by the Commonwealth in a manner consistent with the purpose of this Act.
Sec. 305. powers of commission
The Commission may for the purpose of carrying out this Act hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission may deem advisable. The Commission may administer oaths or affirmations to witnesses appearing before it.
When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section.
Subject to section 552a of title 5, United States Code, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.
Notwithstanding any other provision of law, the Commission may seek and accept donations of funds, property, or services from individuals, foundations, corporations, and other private entities, and from public entities, for the purpose of carrying out its duties.
The Commission may use its funds to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money.
The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States.
The Commission may obtain by purchase, rental, donation, or otherwise, such property, facilities, and services as may be needed to carry out its duties. Any acquisition of property by the Commission shall be in accordance with section 304 of this Act: Provided, however, That the Commission may not acquire lands or interests therein pursuant to this subsection by condemnation. Upon the termination of the Commission, all property, personal and real, and unexpended funds shall be transferred to the Department of the Interior.
Sec. 306. staff of commission
The Commission shall have a Director who shall be
appointed by the Commission and who shall be paid at a rate not to exceed the rate of pay payable for grade GS–15 of the General Schedule.
3 CFR, 1977 Comp., p. 142.
The Commission may appoint and fix the pay of such additional personnel as the Commission deems desirable.
The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51, and subchapter III of chapter
53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for grade GS–15 of the General Schedule.
Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Commission to be reasonable.
Upon request of the Commission, the head of any Federal agency represented by members on the Commission may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this Act.
The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.
Approved June 5, 1978.