IIA

103D CONGRESS

2D SESSION H. R. 4448

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Received

OCTOBER 8 (legislative day, SEPTEMBER 12), 1994

Read twice and referred to the Committee on Energy and Natural Resources

AN ACT

To amend the Act establishing Lowell National Historical

Park, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AMENDMENTS.

4 The Act entitled ‘‘An Act to provide for the establish5 ment of the Lowell National Historical Park in the Com6 monwealth of Massachusetts, and for other purposes’’ ap7 proved June 5, 1978 (92 Stat. 290; 16 U.S.C. 410cc et

8 seq.), is amended as follows:
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1 (1) In section 103(a)(2), by striking

2 ‘‘$33,600,000’’ and inserting ‘‘$43,930,000’’. The

3 amendment made by this paragraph shall take effect

4 on October 1, 1994.

5 (2) In section 203, by adding at the end thereof

6 the following new subsection:

7 ‘‘(c) LOAN AND GRANT AGREEMENTS.—Upon termi8 nation of the Commission, the Secretary, acting through

9 the National Park Service, shall assume all responsibilities

10 of the Commission for administration and oversight of the

11 loan and grant agreements under section 303.’’.

12 (3) In section 205, by adding at the end thereof

13 the following new subsection:

14 ‘‘(e) LEASING AUTHORITY.—(1) In addition to other

15 available authorities, the Secretary may, in his discretion,

16 negotiate and enter into leases, as appropriate, with any

17 person, firm, association, organization, corporation or gov18 ernmental entity for the use of any property within the

19 Park and Preservation District in accordance with the

20 General Management Plan and any of the purposes set

21 forth in section 1 of this Act.

22 ‘‘(2) Any leases entered into under this subsection

23 shall be subject to such procedures, terms, conditions and

24 restrictions as the Secretary deems necessary. The Sec25 retary is authorized to negotiate and enter into leases or
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1 other agreements, at fair market value and without regard

2 to section 321 of chapter 314 of the Act of June 30, 1932

3 (40 U.S.C. 303b). For purposes of any such lease or other

4 agreements, the Secretary may adjust the rental by taking

5 into account any amounts to be expended by the lessee

6 for preservation, maintenance, restoration, improvement,

7 repair and related expenses with respect to the leased

8 properties.

9 ‘‘(3) Surplus proceeds from leases entered into under

10 section 111 of the National Historic Preservation Act (16

11 U.S.C. 470h–3) with respect to property in the Park and

12 Preservation District, and all proceeds from all other

13 leases entered into under this subsection, shall be retained

14 by the Secretary, remain available until expended, and,

15 subject to appropriation, be used to offset the costs of

16 preservation, interpretation, restoration, maintenance, im17 provement, repair, and related expenses, including admin18 istration related to such expenses, incurred by the Sec19 retary with respect to properties within the Park and

20 Preservation District, with the balance used to offset other

21 costs incurred by the Secretary in the administration of

22 the Park.

23 ‘‘(4) Each lessee of a lease entered into under this

24 subsection shall keep such records as the Secretary may

25 prescribe to enable the Secretary to determine that all
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1 terms of the lease have been, and are being, faithfully per2 formed.

3 ‘‘(5) The Secretary shall annually prepare and submit

4 to Congress a report on property leased under this sub5 section.’’.

6 (4) In section 301(i), by striking ‘‘seventeen’’

7 and inserting ‘‘22’’.

8 (5) In section 303(a), by amending paragraph

9 (1) to read as follows:

10 ‘‘(1) The loan to the corporation shall have a

11 maturity of 35 years. At the end of such period, the

12 corporation shall repay to the Secretary of the

13 Treasury (in a lump sum) for deposit in the general

14 fund of the Treasury the full amount of the loan and

15 any additional amounts accruing to the corporation

16 pursuant to this subsection excepting principal and

17 interest losses occasioned by loan defaults after all

18 reasonable efforts at collection have been completed

19 plus those amounts expended by the Corporation for

20 reasonable administrative expenses. The Commission

21 is further authorized to renegotiate the terms and

22 conditions respecting loan repayment of the agree23 ment dated December 8, 1980, with the Lowell De24 velopment and Financial Corporation. The authority

25 provided in this paragraph shall be available only to
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1 the extent that appropriations for a subsidy cost, as

2 defined in section 502 of the Congressional Budget

3 Act of 1974, are made in advance.’’.

4 (6) In section 305(g), by inserting before the

5 period at the end thereof ‘‘for administration by the

6 National Park Service in accordance with the gen7 eral management plan’’.

8 (7) By adding after section 307 the following:

9 ‘‘SEC. 308. ADVISORY COMMITTEE.

10 ‘‘(a) ESTABLISHMENT OF ADVISORY COMMITTEE.—

11 Upon the termination of the Commission, the Secretary

12 shall establish a committee to be known as the Lowell Na13 tional Historical Park Advisory Committee (hereinafter in

14 this section referred to as the ‘Advisory Committee’).

15 ‘‘(b) MEMBERSHIP.—The Advisory Committee shall

16 be composed of 15 members appointed by the Secretary.

17 ‘‘(c) CHAIRPERSON.—The Advisory Committee shall

18 designate one of its members as Chairperson.

19 ‘‘(d) QUORUM.—Eight members of the Advisory

20 Committee shall constitute a quorum. The Advisory Com21 mittee shall act and advise by affirmative vote of a major22 ity of the members voting at a meeting at which a quorum

23 is present. The Advisory Committee shall meet on a regu24 lar basis. Notice of meetings and agenda shall be pub25 lished in local newspapers which have a distribution which
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1 generally covers the area affected by the park and preser2 vation district. Advisory Committee meetings shall be held

3 at locations and in such a manner as to ensure adequate

4 public involvement.

5 ‘‘(e) FUNCTIONS.—The Advisory Committee shall ad6 vise the Secretary on the operation, maintenance, develop7 ment, and programming of the park and preservation dis8 trict.

9 ‘‘(f) SUPPORT AND TECHNICAL SERVICES.—In order

10 to provide staff support and technical services to assist

11 the Advisory Committee in carrying out its duties under

12 this Act, upon request of the Advisory Committee, the Sec13 retary is authorized to detail any personnel of the National

14 Park Service to the Advisory Committee.

15 ‘‘(g) PER DIEM.—Members of the Advisory Commit16 tee shall serve without compensation but shall be entitled

17 to travel expenses, including per diem in lieu of subsist18 ence, in the same manner as persons employed intermit19 tently in Government service under section 5703 of title

20 5, United States Code.

21 ‘‘(h) FACA.—The provisions of section 14(b) of the

22 Federal Advisory Committee Act (5 U.S.C. Appendix; 86

23 Stat. 776), are hereby waived with respect to the Advisory

24 Committee.
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1 ‘‘(i) VACANCIES.—Any vacancy in the Advisory Com2 mittee shall be filled in the same manner in which the

3 original appointment was made. Any member may serve

4 after the expiration of his term until his successor is ap5 pointed.

6 ‘‘(j) TERMINATION.—The Advisory Committee shall

7 terminate on June 5, 2010.

8 ‘‘SEC. 309. COMPTROLLER GENERAL REVIEW.

9 ‘‘(a) DEADLINE.—No later than January 1, 1996,

10 the Comptroller General of the United States shall con11 duct the audit described in subsection (b) and submit to

12 Congress a report concerning the results of such audit.

13 ‘‘(b) AUDIT.—The audit required by subsection (a)

14 shall deal only with those activities and expenditures au15 thorized by this Act and shall—

16 ‘‘(1) review the authorities of the National Park

17 Service and the Lowell Historic Park Advisory Com18 mission and compare them with those of similar

19 units of the National Park System;

20 ‘‘(2) undertake a detailed assessment of all

21 major Federal expenditures made by the National

22 Park Service and the Lowell Historic Park Advisory

23 Commission;

24 ‘‘(3) examine all loans made by the Lowell De25 velopment and Financial Corporation related to the
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1 Lowell National Historical Park and document the

2 status of those loans which have not been fully

3 repaid;

4 ‘‘(4) identify the extent of non-Federal invest5 ment that has been generated because of Federal

6 spending authorized by this Act; and

7 ‘‘(5) review all Federal activities and expendi8 tures associated with renovating the Nesmith House

9 and give the current status of that effort.’’.

10 (8) By adding at the end the following:

11 ‘‘TITLE IV—BUY AMERICAN

12 ‘‘SEC. 401. PURCHASE OF AMERICAN MADE EQUIPMENT

13 AND PRODUCTS.

14 ‘‘(a) SENSE OF CONGRESS.—It is the sense of the

15 Congress that, to the greatest extent practicable, all equip16 ment and products purchased with funds made available

17 pursuant to this Act should be American made.

18 ‘‘(b) NOTICE REQUIREMENT.—In providing financial

19 assistance to, or entering into any contract with, any en20 tity using funds made available pursuant to this Act, the

21 Commission, to the greatest extent practicable, shall pro-
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1 vide to such entity a notice describing the statement made

2 in subsection (a) by the Congress.’’.

Passed the House of Representatives September 26,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.