dreamproit/uscode huggingface dataset:
16 U.S.C. § 410cc (CONSERVATION)
§ 410cc. Congressional statement of findings and purpose
(a) The Congress finds that—
(1) 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;
(2) 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;
(3) 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
(4) 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.
(b) It is the purpose of this subchapter 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.
(Pub. L. 95–290, § 1, June 5, 1978, 92 Stat. 290.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2012 Amendment
text: Pub. L. 112–182, § 1, Oct. 5, 2012, 126 Stat. 1420, provided that: “This Act [amending section 410cc–22 of this title] may be cited as the ‘Lowell National Historical Park Land Exchange Act of 2012’.”
16 U.S.C. § 410cc–1 (CONSERVATION)
§ 410cc–1. Definitions
For purposes of this subchapter—
(1) the term “park” means the Lowell National Historical Park, established by section 410cc–11(a)(1) of this title;
(2) the term “preservation district” means the Lowell Historic Preservation District, established by section 410cc–11(a)(1) of this title;
(3) the term “Commission” means the Lowell Historic Preservation Commission established by section 410cc–31(a) of this title;
(4) the term “Secretary” means the Secretary of the Interior; and
(5) 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, interpretation 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).
(Pub. L. 95–290, § 2, June 5, 1978, 92 Stat. 290.)
heading: Editorial Notes
heading: References in Text
text: An Act entitled “An Act to provide for a plan for the preservation, interpretation 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), referred to in par. (5), is Pub. L. 93–645, Jan. 4, 1975, 88 Stat. 2330.
16 U.S.C. § 410cc–11 (CONSERVATION)
§ 410cc–11. Establishment of Lowell National Historical Park
(a) Establishment and administration of Lowell Historic Preservation District
(1) To carry out the purpose of this subchapter, 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 subchapter. 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.
(2) The Secretary shall publish in the Federal Register, as soon as practicable after June 5, 1978, a detailed description and map of the boundaries established under paragraph (1) of this subsection.
(3) The boundaries of the park are modified to include five parcels of land identified on the map entitled “Boundary Adjustment, Lowell National Historical Park,” numbered 475/81,424B and dated September 2004, and as delineated in section 410cc–22(a)(2)(G) of this title.
(b) Boundary revisions; publication
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 under this subsection shall be effective only after timely notice in writing is given to the Congress.
(Pub. L. 95–290, title I, § 101, June 5, 1978, 92 Stat. 291; Pub. L. 110–229, title III, § 312(1), May 8, 2008, 122 Stat. 769.)
heading: Editorial Notes
heading: Amendments
text: 2008—Subsec. (a)(3). Pub. L. 110–229 added par. (3).
16 U.S.C. § 410cc–12 (CONSERVATION)
§ 410cc–12. Consultations, cooperation, and conduct of activities by Federal entities; issuance of licenses or permits by Federal entities
(a) Activities directly affecting park
Any Federal entity conducting or supporting activities directly affecting the park or preservation district shall—
(1) consult with, cooperate with, and to the maximum extent practicable, coordinate its activities with the Secretary and with the Commission; and
(2) 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 410cc–32(e) of this title, and (B) will not have an adverse effect on the resources of the park or preservation district.
(b) Determination as to proposed activities
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 410cc–32(e) of this title and will not have an adverse effect on the resources of the park or preservation district.
(Pub. L. 95–290, title I, § 102, June 5, 1978, 92 Stat. 291.)
16 U.S.C. § 410cc–14 (CONSERVATION)
§ 410cc–14. Funding limitations
Notwithstanding any other provision of this subchapter, no authority to enter into agreements or to make payments under this subchapter shall be effective except to the extent, or in such amounts, as may be provided in advance in appropriation Acts.
(Pub. L. 95–290, title I, § 104, June 5, 1978, 92 Stat. 292.)
16 U.S.C. § 410cc–21 (CONSERVATION)
§ 410cc–21. Park management plan
(a) Submission date and contents of preparatory statement to Congress
The Secretary shall submit a statement to the Congress, within two years after the date on which funds are made available to carry out this subchapter, which—
(1) reports on the progress that the Secretary has made in acquiring the properties identified under section 410cc–22 of this title, and describes the way the Secretary intends to use these properties;
(2) 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 410cc–23(a) of this title;
(3)
(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;
(4) reports any other activities which the Secretary has taken or intends to take to carry out the purpose of this subchapter; and
(5) contains a tentative budget for the park and preservation district for the subsequent five fiscal years.
(b) Establishment, submission date, contents, etc., of plan
(1) Not later than three years after the date on which funds are made available to carry out this subchapter, 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, upon request, be available to the public.
(2) After consulting with the Commission, the city manager of Lowell, and the Commonwealth of Massachusetts, the Secretary may make revisions in the park management plan established pursuant to paragraph (1) of this subsection by publication of such revisions in the Federal Register. A revision made under this paragraph shall be effective 90 days after written notice of the revision is submitted to the Congress.
(Pub. L. 95–290, title II, § 201, June 5, 1978, 92 Stat. 292.)
16 U.S.C. § 410cc–23 (CONSERVATION)
§ 410cc–23. Agreements and technical assistance
(a) Interpretative exhibits or programs
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—
(1) 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
(2) 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.
(b) Request for assistance
(1) The Secretary shall provide, upon request, technical assistance to—
(A) the city of Lowell to assist the city in establishing regulations or laws consistent with the standards and criteria established pursuant to section 410cc–32(e) of this title; and
(B) the Commission to assist the Commission in establishing the index and the standards and criteria required by section 410cc–32 of this title.
(2) 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 subchapter.
(Pub. L. 95–290, title II, § 203, June 5, 1978, 92 Stat. 294.)
16 U.S.C. § 410cc–24 (CONSERVATION)
§ 410cc–24. Withholding of funds; criteria
The Secretary may refuse to obligate or expend any money appropriated for the purposes described in section 410cc–13(a)(1) or section 410cc–13(a)(2) of this title if the Secretary determines that—
(a) the city of Lowell has failed to establish regulations or laws consistent with the standards and criteria established pursuant to section 410cc–32(e) of this title 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;
(b) 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 410cc–32(d) of this title, or (2) any proposals of the city of Lowell to change the regulations or laws described in paragraph (c)(1) of this subsection;
(c)
(1) during the period before the city of Lowell has established regulations or laws consistent with the standards and criteria established pursuant to section 410cc–32(e) of this title, 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;
(2) 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
(d) 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 410cc–32 of this title.
(Pub. L. 95–290, title II, § 204, June 5, 1978, 92 Stat. 294.)
16 U.S.C. § 410cc–25 (CONSERVATION)
§ 410cc–25. Administrative functions
(a) Implementation of park management plan; emergency assistance for protection of property owners; availability of funds for Commission
(1) 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 410cc–21(b) of this title. In carrying out such plan, the Secretary shall 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 subchapter.
(2) Subject to sections 410cc–24 and 410cc–32(b) of this title, the Secretary shall make available to the Commission any funds appropriated under section 410cc–13(a)(2) of this title for the purpose of carrying out part C of this subchapter.
(b) Acceptance of donations of funds, property, or services for implementation of park management plan
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.
(c) Sponsorship or coordination of educational or cultural programs
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.
(d) Acquisition of leases
The Secretary may acquire such leases respecting property within the park as may be necessary to carry out the purpose of this subchapter.
(Pub. L. 95–290, title II, § 205, June 5, 1978, 92 Stat. 295.)
16 U.S.C. § 410cc–34 (CONSERVATION)
§ 410cc–34. Acquisition and disposition of property
(a) Acquisition of specified property; manner of acquisition
(1) The Commission may acquire any property designated in paragraph (3) of this subsection, any property described in section 410cc–32(d)(1) of this title, or any interest therein, by donation, by purchase with donated or appropriated funds, or by condemnation in accordance with paragraph (2) of this subsection.
(2) 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.
(3) The Commission may acquire in accordance with paragraph (1) of this subsection the following properties, or any interest therein:
(A) World Furniture Building, 125 Central Street; and
(B) The Martin Building, 102–122 Central Street.
(b) Sale or lease of specified property; conditions
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 subchapter.
(c) Agreement for disposal of specified property to Commonwealth of Massachusetts; purposes of transfers
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 subchapter.
(Pub. L. 95–290, title III, § 304, June 5, 1978, 92 Stat. 302.)
16 U.S.C. § 410cc–35 (CONSERVATION)
§ 410cc–35. Powers of Commission
(a) Conduct of hearings, etc.
The Commission may for the purpose of carrying out this subchapter 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.
(b) Authorization of action by member or agent
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.
(c) Receipt of necessary information from other Federal departments or agencies; information furnished upon request by chairman
Subject to section 552a of title 5, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this subchapter. Upon request of the chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.
(d) Authorization to seek and accept donations of funds, property, or services
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.
(e) Use of funds for obtaining additional moneys
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.
(f) Use of mails
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.
(g) Purchase, rental, donation, etc., of property, facilities, and services; manner of acquisition; transfers to Department of the Interior upon termination of Commission
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 410cc–34 of this title: 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.
(Pub. L. 95–290, title III, § 305, June 5, 1978, 92 Stat. 302.)
16 U.S.C. § 410cc–36 (CONSERVATION)
§ 410cc–36. Staff of Commission
(a) Appointment and compensation of Director
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.
(b) Appointment and compensation of additional personnel
The Commission may appoint and fix the pay of such additional personnel as the Commission deems desirable.
(c) Applicability of civil service provisions to appointment and compensation of Director and staff
The Director and staff of the Commission may be appointed without regard to the provisions of title 5 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.
(d) Temporary or intermittent services; procurement and compensation
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, but at rates determined by the Commission to be reasonable.
(e) Detail of personnel from other Federal agencies represented by members on Commission; reimbursement by Commission; administrative support services by Administrator of General Services Administration; reimbursement by Commission
(1) 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 subchapter.
(2) 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.
(Pub. L. 95–290, title III, § 306, June 5, 1978, 92 Stat. 303.)
heading: Editorial Notes
heading: References in Text
text: GS–15 of the General Schedule, referred to in subsecs. (a) and (c), is set out under section 5332 of Title 5, Government Organization and Employees.
16 U.S.C. § 410cc–37 (CONSERVATION)
§ 410cc–37. Use of funds; maintenance of financial records; audits
(a) Any revenues or other assets acquired by the Commission by donation, the lease or sale of property or fees for services shall be available to the Commission, without fiscal year limitation, to be used for any function of the Commission authorized under this subchapter. The Commission shall keep financial records fully disclosing the amount and source of revenues and other assets acquired by the Commission, and shall keep such other financial records as the Secretary may prescribe.
(b) The Secretary shall require audits of the financial records of the Commission to be conducted not less frequently than once each year in order to ensure that revenues and other assets of the Commission are being used in a manner authorized under this subchapter.
(Pub. L. 95–290, title III, § 307, as added Pub. L. 96–344, § 10, Sept. 8, 1980, 94 Stat. 1136.)