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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENTS.
The Act entitled ‘‘An Act to provide for the establish-
ment of the Lowell National Historical Park in the Com-
monwealth of Massachusetts, and for other purposes’’ ap-
proved June 5, 1978 (92 Stat. 290; 16 U.S.C. 410cc et
seq.), is amended as follows:
(1) 
In 
section 
103(a)(2), 
by 
striking
‘‘$33,600,000’’ and inserting ‘‘$43,930,000’’. The
amendment made by this paragraph shall take effect
on October 1, 1994.
(2) In section 203, by adding at the end thereof
the following new subsection:
‘‘(c) LOAN AND GRANT AGREEMENTS.—Upon termi-
nation of the Commission, the Secretary, acting through
the National Park Service, shall assume all responsibilities
of the Commission for administration and oversight of the
loan and grant agreements under section 303.’’.
(3) In section 205, by adding at the end thereof
the following new subsection:
‘‘(e) LEASING AUTHORITY.—(1) In addition to other
available authorities, the Secretary may, in his discretion,
negotiate and enter into leases, as appropriate, with any
person, firm, association, organization, corporation or gov-
ernmental entity for the use of any property within the
Park and Preservation District in accordance with the
General Management Plan and any of the purposes set
forth in section 1 of this Act.
‘‘(2) Any leases entered into under this subsection
shall be subject to such procedures, terms, conditions and
restrictions as the Secretary deems necessary. The Sec-
retary is authorized to negotiate and enter into leases or
other agreements, at fair market value and without regard
to section 321 of chapter 314 of the Act of June 30, 1932
(40 U.S.C. 303b). For purposes of any such lease or other
agreements, the Secretary may adjust the rental by taking
into account any amounts to be expended by the lessee
for preservation, maintenance, restoration, improvement,
repair and related expenses with respect to the leased
properties.
‘‘(3) Surplus proceeds from leases entered into under
section 111 of the National Historic Preservation Act (16
U.S.C. 470h–3) with respect to property in the Park and
Preservation District, and all proceeds from all other
leases entered into under this subsection, shall be retained
by the Secretary, remain available until expended, and,
subject to appropriation, be used to offset the costs of
preservation, interpretation, restoration, maintenance, im-
provement, repair, and related expenses, including admin-
istration related to such expenses, incurred by the Sec-
retary with respect to properties within the Park and
Preservation District, with the balance used to offset other
costs incurred by the Secretary in the administration of
the Park.
‘‘(4) Each lessee of a lease entered into under this
subsection shall keep such records as the Secretary may
prescribe to enable the Secretary to determine that all
terms of the lease have been, and are being, faithfully per-
formed.
‘‘(5) The Secretary shall annually prepare and submit
to Congress a report on property leased under this sub-
section.’’.
(4) In section 301(i), by striking ‘‘seventeen’’
and inserting ‘‘22’’.
(5) In section 303(a), by amending paragraph
(1) to read as follows:
‘‘(1) The loan to the corporation shall have a
maturity of 35 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 principal and
interest losses occasioned by loan defaults after all
reasonable efforts at collection have been completed
plus those amounts expended by the Corporation for
reasonable administrative expenses. The Commission
is further authorized to renegotiate the terms and
conditions respecting loan repayment of the agree-
ment dated December 8, 1980, with the Lowell De-
velopment and Financial Corporation. The authority
provided in this paragraph shall be available only to
the extent that appropriations for a subsidy cost, as
defined in section 502 of the Congressional Budget
Act of 1974, are made in advance.’’.
(6) In section 305(g), by inserting before the
period at the end thereof ‘‘for administration by the
National Park Service in accordance with the gen-
eral management plan’’.
(7) By adding after section 307 the following:
‘‘SEC. 308. ADVISORY COMMITTEE.
‘‘(a) ESTABLISHMENT OF ADVISORY COMMITTEE.—
Upon the termination of the Commission, the Secretary
shall establish a committee to be known as the Lowell Na-
tional Historical Park Advisory Committee (hereinafter in
this section referred to as the ‘Advisory Committee’).
‘‘(b) MEMBERSHIP.—The Advisory Committee shall
be composed of 15 members appointed by the Secretary.
‘‘(c) CHAIRPERSON.—The Advisory Committee shall
designate one of its members as Chairperson.
‘‘(d) QUORUM.—Eight members of the Advisory
Committee shall constitute a quorum. The Advisory Com-
mittee shall act and advise by affirmative vote of a major-
ity of the members voting at a meeting at which a quorum
is present. The Advisory Committee shall meet on a regu-
lar basis. Notice of meetings and agenda shall be pub-
lished in local newspapers which have a distribution which
generally covers the area affected by the park and preser-
vation district. Advisory Committee meetings shall be held
at locations and in such a manner as to ensure adequate
public involvement.
‘‘(e) FUNCTIONS.—The Advisory Committee shall ad-
vise the Secretary on the operation, maintenance, develop-
ment, and programming of the park and preservation dis-
trict.
‘‘(f) SUPPORT AND TECHNICAL SERVICES.—In order
to provide staff support and technical services to assist
the Advisory Committee in carrying out its duties under
this Act, upon request of the Advisory Committee, the Sec-
retary is authorized to detail any personnel of the National
Park Service to the Advisory Committee.
‘‘(g) PER DIEM.—Members of the Advisory Commit-
tee shall serve without compensation but shall be entitled
to travel expenses, including per diem in lieu of subsist-
ence, in the same manner as persons employed intermit-
tently in Government service under section 5703 of title
5, United States Code.
‘‘(h) FACA.—The provisions of section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. Appendix; 86
Stat. 776), are hereby waived with respect to the Advisory
Committee.
‘‘(i) VACANCIES.—Any vacancy in the Advisory Com-
mittee shall be filled in the same manner in which the
original appointment was made. Any member may serve
after the expiration of his term until his successor is ap-
pointed.
‘‘(j) TERMINATION.—The Advisory Committee shall
terminate on June 5, 2010.
‘‘SEC. 309. COMPTROLLER GENERAL REVIEW.
‘‘(a) DEADLINE.—No later than January 1, 1996,
the Comptroller General of the United States shall con-
duct the audit described in subsection (b) and submit to
Congress a report concerning the results of such audit.
‘‘(b) AUDIT.—The audit required by subsection (a)
shall deal only with those activities and expenditures au-
thorized by this Act and shall—
‘‘(1) review the authorities of the National Park
Service and the Lowell Historic Park Advisory Com-
mission and compare them with those of similar
units of the National Park System;
‘‘(2) undertake a detailed assessment of all
major Federal expenditures made by the National
Park Service and the Lowell Historic Park Advisory
Commission;
‘‘(3) examine all loans made by the Lowell De-
velopment and Financial Corporation related to the
Lowell National Historical Park and document the
status of those loans which have not been fully
repaid;
‘‘(4) identify the extent of non-Federal invest-
ment that has been generated because of Federal
spending authorized by this Act; and
‘‘(5) review all Federal activities and expendi-
tures associated with renovating the Nesmith House
and give the current status of that effort.’’.
(8) By adding at the end the following:
‘‘TITLE IV—BUY AMERICAN
‘‘SEC. 401. PURCHASE OF AMERICAN MADE EQUIPMENT
AND PRODUCTS.
‘‘(a) SENSE OF CONGRESS.—It is the sense of the
Congress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
pursuant to this Act should be American made.
‘‘(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available pursuant to this Act, the
Commission, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.’’.
Passed the House of Representatives September 26,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.