Union Calendar No. 347

103D CONGRESS

2D SESSION H. R. 4448

[Report No. 103–641]

A BILL

To amend the Act establishing Lowell National

Historical Park, and for other purposes.

AUGUST 1, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 347

103D CONGRESS

2D SESSION H. R. 4448

[Report No. 103–641]

To amend the Act establishing Lowell National Historical Park, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 18, 1994

Mr. MEEHAN introduced the following bill; which was referred to the

Committee on Natural Resources

AUGUST 1, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 18, 1994]

A BILL

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 Com-
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1 monwealth of Massachusetts, and for other purposes’’ ap2 proved June 5, 1978 (92 Stat. 290; 16 U.S.C. 410cc et seq.),

3 is amended as follows:

4 (1) In section 103(a)(2), by striking

5 ‘‘$33,600,000’’ and inserting ‘‘$43,930,000’’. The

6 amendment made by this paragraph shall take effect

7 on October 1, 1994.

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

9 the following new subsection:

10 ‘‘(c) LOAN AND GRANT AGREEMENTS.—Upon termi11 nation of the Commission, the Secretary, acting through the

12 National Park Service, shall assume all responsibilities of

13 the Commission for administration and oversight of the

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

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

16 the following new subsection:

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

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

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

20 person, firm, association, organization, corporation or gov21 ernmental entity for the use of any property within the

22 Park and Preservation District in accordance with the Gen23 eral Management Plan and any of the purposes set forth

24 in section 1 of this Act.
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1 ‘‘(2) Any leases entered into under this subsection shall

2 be subject to such procedures, terms, conditions and restric3 tions as the Secretary deems necessary. The Secretary is

4 authorized to negotiate and enter into leases or other agree5 ments, at fair market value and without regard to section

6 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C.

7 303b). For purposes of any such lease or other agreements,

8 the Secretary may adjust the rental by taking into account

9 any amounts to be expended by the lessee for preservation,

10 maintenance, restoration, improvement, repair and related

11 expenses with respect to the leased properties.

12 ‘‘(3) The proceeds from leases under this subsection

13 shall be retained by the Secretary, be available without fur14 ther appropriation, remain available until expended, and

15 be used to offset the costs of preservation, interpretation,

16 restoration, maintenance, improvement, repair, and related

17 expenses, including administration related to such expenses,

18 incurred by the Secretary with respect to properties within

19 the Park and Preservation District, with the balance used

20 to offset other costs incurred by the Secretary in the admin21 istration of the Park.

22 ‘‘(4) Each lessee of a lease entered into under this sub23 section shall keep such records as the Secretary may pre24 scribe to enable the Secretary to determine that all terms

25 of the lease have been, and are being, faithfully performed.
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1 ‘‘(5) The Secretary shall annually prepare and submit

2 to Congress a report on property leased under this sub3 section.’’.

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

5 and inserting ‘‘22’’.

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

7 (1) to read as follows:

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

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

10 corporation shall repay to the Secretary of the Treas11 ury (in a lump sum) for deposit in the general fund

12 of the Treasury the full amount of the loan and any

13 additional amounts accruing to the corporation pur14 suant to this subsection excepting principal and in15 terest losses occasioned by loan defaults after all rea16 sonable efforts at collection have been completed plus

17 those amounts expended by the Corporation for rea18 sonable administrative expenses. The Commission is

19 further authorized to renegotiate the terms and condi20 tions respecting loan repayment of the agreement

21 dated December 8, 1980, with the Lowell Development

22 and Financial Corporation. The authority provided

23 in this paragraph shall be available only to the extent

24 that appropriations for a subsidy cost, as defined in
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1 section 502 of the Congressional Budget Act of 1974,

2 are made in advance.’’.

3 (6) In section 305(g), by inserting before the pe4 riod at the end thereof ‘‘for administration by the Na5 tional Park Service in accordance with the general

6 management plan’’.

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

8 ‘‘SEC. 308. ADVISORY COMMITTEE.

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

10 Upon the termination of the Commission, the Secretary

11 shall establish a committee to be known as the Lowell Na12 tional Historical Park Advisory Committee (hereinafter in

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

14 ‘‘(b) MEMBERSHIP.—The Advisory Committee shall be

15 composed of 15 members appointed by the Secretary.

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

17 designate one of its members as Chairperson.

18 ‘‘(d) QUORUM.—Eight members of the Advisory Com19 mittee shall constitute a quorum. The Advisory Committee

20 shall act and advise by affirmative vote of a majority of

21 the members voting at a meeting at which a quorum is

22 present. The Advisory Committee shall meet on a regular

23 basis. Notice of meetings and agenda shall be published in

24 local newspapers which have a distribution which generally

25 covers the area affected by the park and preservation dis-
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1 trict. Advisory Committee meetings shall be held at loca2 tions and in such a manner as to ensure adequate public

3 involvement.

4 ‘‘(e) FUNCTIONS.—The Advisory Committee shall ad5 vise the Secretary on the operation, maintenance, develop6 ment, and programming of the park and preservation dis7 trict.

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

9 to provide staff support and technical services to assist the

10 Advisory Committee in carrying out its duties under this

11 Act, upon request of the Advisory Committee, the Secretary

12 is authorized to detail any personnel of the National Park

13 Service to the Advisory Committee.

14 ‘‘(g) PER DIEM.—Members of the Advisory Committee

15 shall serve without compensation but shall be entitled to

16 travel expenses, including per diem in lieu of subsistence,

17 in the same manner as persons employed intermittently in

18 Government service under section 5703 of title 5, United

19 States Code.

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

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

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

23 Committee.

24 ‘‘(i) VACANCIES.—Any vacancy in the Advisory Com25 mittee shall be filled in the same manner in which the origi-
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1 nal appointment was made. Any member may serve after

2 the expiration of his term until his successor is appointed.

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

4 terminate on June 5, 2010.’’.