A bill to provide for the establishment of the Lowell National Historical Park in the Commonwealth of Massachusetts, and for other purposes.
PL 95-290 (H.R.11662), enacted 06/05/1978

92 STAT. 290 
PUBLIC LAW 95-290—JUNE 5, 1978 
Public Law 95-290 
95th Congress 
An Act 
June 5, 1978 
[H.R. 11662] 
To provide for the establishment of the Lowell National Historical Park in the 
Commonwealth of Massachusetts, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Lowell National 
United States of America in Congress 
assembled, 
Historical Park, 
^**®' 
FINDINGS AND PUKPOSE 
16 use 410cc. 
SECTION 1. (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 neighbor-
hoods; 
(3) a very large proportion of the buildings, other structures, 
and districts in Lowell date to the period of the Industrial Revolu-
tion 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, com-
mercial structures, transportation facilities, and buildings asso-
ciated 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 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 practi-
cable the recommendations in the report of the Lowell Historic Canal 
District Commission. 
DEFINITIONS 
16 use 410CC-1. 
SEC. 2. For purposes of this Act— 
(1) the term "park" means the Lowell National Historical 
Park, established by section 101(a) (1) of this Act; 
(2) the term "preservation district" means the Lowell Historic 
Preservation District, established b}^ section 101(a)(1) of this 
Act; 
(3) the term "Commission" means the Lowell Historic Preser-
vation Commission established by section 301(a) of this Act; 
(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, inter-
PUBLIC LAW 95-290—JUNE 5, 1978 
92 STAT. 291 
pretation development and use of the historic, cultural, and 
architectural resources of the Lowell Historic C^anal District in 
Lowell. Massachusetts, and for other purposes", approved 
January 4, 1975 (88 Stat. 2330). 
TITLE I—ESTABLISHMENT OF PARK AND 
PRESERVATION DISTRICT 
16 use 461 note. 
' 
ESTABLISHMENTS; BOUXDARIES 
SEC. 101. (a) (1) To carry out the purpose of this Act, there is 16 USC 
established as a unit of the National Park System in the city of Low-ell, 410cc-ll. 
Massachusetts, the Lowell National Historical Park. There is further 
established in an area adjacent to the park the Lowell Historic Preser-
vation 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. 
(2) The Secretary shall publish in the Federal Register, as soon as Publication in 
practicable after the date of the enactment of this Act, a detailed Federal Register, 
description and map of the boundaries established under paragraph 
(1) of this subsection. 
(b) The Secretary may make minor revisions of the park and 
preservation district boundaries established under subsection (a) (1) 
of this section, aftei- 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 w'aters, lands, 
or other property outside of the park or preservation district bound-
aries 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 
vmder this subsection shall be effective only after timely notice in Congress. , j^, 
writing is given to the Congress. 
("<>s>PEKATION OF FEDERAL AGENCIES 
SEC. 102. (a) 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 stand-
ards 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. 
(b) 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 pur-
suant to section 302(e) of this Act and will not have an adverse effect 
on the resources of the park or preservation district. 
16 USC 
410CC-12. 
92 STAT. 292 
PUBLIC LAW 95-290—JUNE 5, 1978 
16 use 
410CC-13. 
Report to 
Congress. 
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410CC-14. 
AUTHORIZATION OP APPROPRIATIONS 
SEC. 103. (a) There are authorized to be appropriated such sums as 
may be necessary to carry out this Act, except that— 
(1) 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 
(2) 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. 
(b) No funds shall be authorized pursuant to this section prior to 
October 1,1978. 
(c) Funds appropriated under subsection (a) of this section shall 
remain available until expended. 
(d) (1) 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. 
(2) 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 cei-tified by the Secretary in 
the most recent statement submitted to the Congress under paragraph 
(1) of this subsection. 
SPENDING LIMITATIONS 
SEC. 104. 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 
Report to 
eongress. 
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410CC-21. 
PARK MANAGEMENT PLAN 
SEC. 201. (a) The Secretary shall submit a statement to the Con-
gress, within two yeare after the date on which funds are made 
available to carry out this Act, which— 
(1) 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; 
(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 pro-
grams under section 203 (a) of this Act; 
(3) (A) reports on the progress of the Secretary in leasing a 
portion of the Lowell Manufacturing Company, located on 
PUBLIC LAW 95-290—JUNE 5, 1978 
92 STAT. 293 
Market Street, for tlie purpose of establishing a visitors' centeir 
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 Act; and 
(5) contains a tentative budget for the park and preservation 
district for the subsequent five fiscal years. 
(b) (1) Not later than three years after the date on which funds 
are made aA^ailable to cany out this Act, the Secretai-y 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 numager 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 ^vritton notice of the revision is submitted to the 
Congress. 
A('QUISIT10N OF PROPERTY 
SEC. 202. (a) (1) The Secretary is authorized to acquire the prop-
erties designated in paragraph (2) of this subsection, or any interest 
therein, by donation, purchase with donated or appropriated funds, 
ccndcmnation, or otherwise. Any property or interest therein owned 
by the Commonwealth of Massachusetts or any political subdivision 
thereof may be acquii-ed only by donation. The Secretary may initiate 
condemnation proceedings imder this pai-agraph only after making 
every reasonable effort to acquire property through negotiations and 
purchase, and considtin'^ with the Commission (if established) and 
the city founcil of Lowell. 
(2) The properties referred to in paragraph (1) of this subsection 
are the following: 
(A) The Linus Childs House, 63 Kirk Street. 
(B) The IT and H Paper Company (commonly referred to as 
Boott Mill Boarding House), 42 French Street. 
(C) Old City Hall, 226 Merrimack Street. 
(D) Merrimack (iratehouse, 269 Merrimack Street. 
( K) The Wannalancit Textile Company, 562 Suffolk Street. 
(F) The structures containing the Jade Pagoda and Solomon's 
Yard Goods, 210 and 200 Merrimack Street, 
(b) Until the date on which the Commission conducts its first meet-
ing, the Secretary may acquire any property within the park or preser-
vation district not designated in subsection (a) (2) of this section, or 
any interest therein, if such property— 
(1) is identified in the report of the Lowell Historical Canal 
District Commission as a property which should be preserved, 
I'estored, managed, developed, or maintained in a manner con-
sistent with the pui'pose of this Act; 
(2) is listed in the National Register of Historic Places, as 
maintained bv the Secretary pursuant to section 101(a) of the 
Act entitled "An Act to establish a program for the preservation 
of additional historic properties tliroughout the Nation, and for 
other purposes", approved October 15,1966 (16 U.S.C. 470a), and 
section 2(b) of the Act entitled "An xAct to provide for the 
preservation of historic American sites, buildings, objects, and 
Plan, submittal to 
Congress. 
Availability to 
public. 
Publication in 
Federal Register. 
Notice to 
Congress. 
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410CC-22. 
92 STAT. 294 
PUBLIC LAW 95-290—JUNE 5, 1978 
antiquities of national significance, and for other purposes", 
approved August 21, 1935 (16 U.S.C. 462); or 
(3) 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 sub-
section (a) (1) of this section. 
(c) 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. 
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410CC-23. 
Regulations. 
AGREEMEXTS AND TECHNICAL ASSISTANCE 
SEC. 203. (a) 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 agi-ee-
ments 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) (1) The Secretary shall provide, upon request, technical 
assistance to— 
(A) the city of Lowell to assist the city in establishing regula-
tions or laws consistent with the standards and criteria established 
pursuant to section 302 (e) of this Act; and 
(B) the Commission to assist the Commission in establishing 
the index and the standards and criteria required by section 302 
of this Act. 
(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 Act. 
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410CC-24. 
WITHHOLDING OF FUNDS 
SEC. 204. The Secretary may refuse to obligate oi- 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— 
(a) the citv of Lowell has failed to establish regulations or 
laws consistent with the standards and criteria established pur-
suant 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 periotl 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 pennits or zoning variances respect-
ing any property which is included in the index established pur-
suant 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; 
PUBLIC LAW 95-290—JUNE 5, 1978 
92 STAT. 295 
(c) (1) during the period before the city of Lowell has estab-
lished regulations or laws consistent with the standards and cri-
teria 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; 
(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, develop-
ment, or maintenance of property wdthin the park and preserva-
tion district or (2) carry out the park preservation plan approved 
under section 302 of this Act. 
GENERAL ADMIICISTRATIVE FUXCTIOXS 
SEC. 205. (a) (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 
201(b) of this Act. 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 prop-
erty 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. 
(2) Subject to sections 204 and 302(b) of this Act, the Secretary 
shall make available to the Commission any fimds appropriated under 
section 103(a) (2) of this Act for the purpose of carrying out title TTI 
of this Act. 
(b) 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) 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) The Secretary may acquire such leases respecting pi-operty 
within the park as may be necessary to carry out the purpose of this 
Act. 
TITLE III—ROLE OF THE COMMISSION 
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410CC-25. 
Rules and 
regulations. 
Funds, 
availability. 
ESTABLISHMEXT OF LOWELL HISTORIC PRESERVATIOX COMIMISSTOX 
SEC. 301. (a) There is established within the Department of the 16 USC 
Interior a commission to be known as the Lowell Historic Preservation 410cc-31. 
Commission which shall administer the preservation district and pro-
vide certain services within the park in accordance with this title. The Members. 
92 STAT. 296 
PUBLIC LAW 95-290—JUNE 5, 1978 
Terms of office. 
Commission shall consist of fifteen members appointed by the Secre-
taiy as follows: 
(1) Three members who are members of the city coimcil of 
Lowell, appointed from recommendations made by the mayor of 
Lowell. 
(2) Three members appointed from reconnnendations made by 
the city manager of Lowell of persons who are representative of 
organized labor, the business coinmvmity, local neighborhoods, and 
cultural institutions, and who are not elected officials. 
(3) One member appointed from reconnnendations made by the 
president of the University of Lowell. 
(4) Three members appointed from recommendations made by 
the Governor of the Commonwealth of Massachusetts. 
(5) One member appointed from recommendations made by the 
Secretary of Commerce and who shall be an employee of the 
Department of Commerce. 
(6) One member appointed from recommendations made by the 
Secretary of Transportation and who shall be an employee of 
the Department of Transportation. 
(7) 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. 
(8) Two members who are qualified to serve on tlie Commission 
because of their familiarity with programs of the Department of 
the Interior involving national parks and histoi-ic preservation 
and who shall be an employee of the Department of the Interior. 
(b) If any member of the Conunission who was appointed to the 
Commission under pai-agraph (1) or (4) of subsection (a) of this 
section as a member of the city council of Lowell or any other govern-
ment leaves that office, or if any member of the Commission who was 
appointed from pei-sons who are not elected officials of any govern-
ment becomes an elected official of a government, such person may 
continue as a member of the Commission for not longer than the 
thii-ty-day period beginning on the date such person leaves that office 
or becomes such an elected official, as the case may be. 
(c) (1) Except as provided in paragraph (2) of this subsection, 
niembei's shall be appointed for terms of two years. 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 sec-
tion, in which case such member may be reappointed four times. 
(2) Of the membei-s first appointed pursuant to subsection (a) of 
this section, the following shall be appointed for terms of three years; 
(A) The members appointed pursuant to paragraphs (2), (3), 
and (8) of such subsection. 
(B) 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. 
(d) The chairman of the Commission shall be elected by the mem-
bers of the Commission. The term of the chairman shall be two years. 
(e) (1) Any vacancy in the Commission shall be filled in the same 
manner in which the original appointment was made. 
(2) Any member appointed to fill a vacancy shall serve for the 
remainder of the term for which his predexiessor was appointed. Any 
member may serve after the expiration of his term for a period not 
longer than thirty days. 
PUBLIC LAW 95-290—JUNE 5, 1978 
92 STAT. 297 
(f) Eight members of the Commission shall constitute a quorum, 
but a lesser number may hold hearings. 
(g) The Commission shall meet at least once each month, at the 
call of the chairman or a majority of its members. 
(h)(1) 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. 
(2) Members of the Commission who are full-time officers or 
employees of the United States, the city of Lowell, or the Common-
wealth of Massachusetts shall receive no additional pay on account of 
their service on the Commission. 
(3) Wliile 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 intermit-
tently in the (xovernment service are allowed expenses under section 
5703 of title 5 of the United States Code. 
(i) The Commission established pursuant to this Act, shall cease Termination, 
to exist ten years from the date of enactment of this Act. 
PARK PRESERVATION PLAN AND INDEX 
SEC. 302. (a) (1) Within one year after the date on which the Com- 16 USC 
mission conducts its first meeting, the Commission shall submit to 410cc-32. 
the Secretary a draft park preservation plan meeting the require-
ments 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 appro-
priate changes in such plan to the Commission. 
(2) Within eighteen months after the date on which the Commis-
sion 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 ade-
quately carry out the purpose of this Act. 
(3) If the Secretary disapproves a park preservation plan, the 
Secretary shall advise the Commission of the reasons for such dis-
approval together with the recommendations of the Secretary for 
I'evision of such plan. Within such period as the Secretary may desig-
nate, 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. 
(4) If the Secretary approves a park preservation plan, the Secre- Publication in 
tary shall publish notice of such approval in the Federal Register and Federal Register. 
shall forward copies of the approved plan to the Congress. 
(5) Any park preservation plan or draft plan submitted to the Availability to 
Secretary under this subsection shall, upon request, be available to public. 
the public. 
(6) No changes other than minor revisions may be made in the 
approved park pi-eservation plan without the approval of the Secre-
tary. The Secretary shall approve or disapprove any proposed change 
in the approved park preservation plan, except minor revisions in the 
92 STAT. 298 
PUBLIC LAW 95-290—JUNE 5, 1978 
same manner as required in paragraph (2) of this subsection for the 
approval or disapproval of the original park preservation plan. 
(b) (1) 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, 
(2) Before a park preservation plan is approved under subsection 
availability. 
(a) of this section, the Secretary may make available to the Commis-
sion 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 describ-
ing such activity is reviewed and approved by the Secretary. 
(3) The Commission may request funds from the Secretary to— 
(A) carry out activities to preserve, restore, manage, develop, 
or maintain any property identified in subsection (c) (1) of this 
section: 
(B) 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 emer-
gency assistance for the purpose of preserving and protecting 
their propertj^ in a manner consistent with the purpose of this 
Act; or 
(C) acquire in accordance with section 304 of this Act, any 
property within the park which— 
(i) 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; 
(ii) is listed in the Xational 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 preserva-
tion 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 
(iii) 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 imless acquired by the 
Commission. 
(c) Any plan submitted to the Secretary imder subsection (a) of 
this section shall— 
(1) 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, develop-
ment, or maintenance of— 
(A) the Welles Block, 169 Merrimack Street; 
(B) the Jordan Marsh Company Building, 153 Merrimack 
Street and 15 Kirk Street; 
(C) the Yorick Club, 91 Dutton Street; 
(D) the Lowell Gas Light Company, 22 Shattuck Street; 
(E) St. Anne's Church and Rectory, 237 Merrimack 
Street; 
(F) Lowell Institution for Savings, 18 Shattuck Street; 
PUBLIC LAW 95-290—JUNE 5, 1978 
92 STAT. 299 
(G) the Ahepa Building, 31 Kirk Street; 
(H) Boott Mill, Foot of John Street; 
(I) Lowell Manufacturing Company on Market Street; 
J 
and 
(J) the structure commonly referred to as the Early 
Residence, 45, 47, and 49 Kirk Street; 
(2) identify the properties included in the index established 
pursuant to subsection (d) of this section; 
(3) identify the properties which the Commission intends to 
acquire under section 304 of this Act and specify how such prop-
erties shall be used; 
(4) include the standards and criteria established pursuant 
to subsection (e) of this section; 
(5) provide a detailed description of the manner in which 
the Commission intends to implement the grant and loan pro-
grams under section 303 of this Act, including information relat-
ing to the estimated amount of such grants and the manner in 
which such grants shall be awarded by the Commission; 
(6) provide for a transportation program by which the Com-
mission shall provide, directly or by agreement with any person 
or any public or private entity, transportation services and facili-
ties for park and preservation district visitors, including barge 
equipment, docking facilities, and local rail facilities; 
(7) provide for educational and cultural programs to encour-
age appreciation of the resources of the park and preservation 
district; and 
(8) include a tentative budget for the subsequent five fiscal 
years. 
(d) The Commission shall establish, within one year after the date Index, 
on which the Commission conducts its first meeting, an index which 
includes— 
(1) 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, main-
tained, or acquired by the Commission because of its national his-
toric or cultural significance; and 
(2) any property which should be preserved, restored, man-
aged, 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. 
(e)(1) The Commission shall establish standards and criteria Standards and 
applicable to the construction, preservation, restoration, alteration, and criteria, 
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. 
(2) 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. 
(3) 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-
39-194 O—80—pt. 1 
23 : QL3 
92 STAT. 300 
PUBLIC LAW 95-290—JUNE 5, 1978 
Publication in 
Federal Register. 
ards and criteria may be revised in the same manner in which they 
were originally established. 
(4) The Secretary shall publish the standards and criteria estab-
lished mider paragraphs (1) and (2) of this subsection, and any 
revisions thereof, in the Federal Register. 
16 use 
410CC-33. 
LOANS, GRANTS, AND TECHNICAL ASSISTANCE 
SEC. 803. (a) The Commission may make loans to the I^well Devel-
opment 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 agree-
ment with the corporation which includes the following terms: 
(1) 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. 
(2) The money received from the Conunission, and any inter-
est 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. 
(3) Within five years after receiving the loan from the Com-
mission, 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 desci-ibed in paragraph (2) 
of this subsection) . 
(4) As loans made under paragraphs (6) and (7) of this sub-
section are repaid, the corporation shall make additional loans 
under such paragraphs with the money made available for obliga-
tion by such repayments. 
(5) 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. 
(6) 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 state-
ment 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— 
(A) the standards and criteria established pursuant to 
section 302 (e) of this Act, and 
(B) the goals of the park preservation plan approved under 
section 302(a) of this Act. 
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PUBLIC LAW 95-290—JUNE 5, 1978 
92 STAT. 301 
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(7) Xhe 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— 
(A) the prospective borrower furnishes the corporation 
with the statement described in paragraph (6) of this 
subsection; 
(B) the corporation determines that such borrower has 
sufficient financial resources to repay the loan; and 
(C) 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 informa-
tion related to loans made under paragraphs (6) and (7) of this sub-
section. 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 cor-
poration under this subsection shall become payable in full upon the 
demand of the Commission. 
(b) (1) The Commission may make grants to ownei*s of property 
described in section 302 (d) (1) of this Act for the preservation, restora-
tion, 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. 
(2) 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 plan-
ning, transportation, maintenance, or other services the Commission 
considers necessary to carry out the purposes of this Act. 
(3) 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 Commis-
sion 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. 
(c) The Commission with the advice of the Secretary may provide 
technical assistance to— 
(1) 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 sec-
tion 302(d) of this Act, or (B) applying for loans under subsec-
tion (a) of this section; and 
(2) any other person or public or private entity to assist such 
person or entity in taking actions consistent with the purpose of 
this Act. 
(d) The Commission shall make available to the Secretary, upon 
request, all accounts, financial records, and other information of the 
Commission relating to grants and loans made under this section. 
(e) The Secretary shall make an annual report to the Congress Report to 
describing the loans, grants, and technical assistance provided under Congress, 
this section and under section 203 of this Act. Such report shall specify 
the amount, recipient, and purpose of any loan, grant or technical 
92 STAT. 302 
PUBLIC LAW 95-290—JUNE 5, 1978 
assistance so provided and contain such additional information as the 
Secretary considers appropriate. 
16 use 
410CC-34. 
Hearings. 
16 use 
410CC-35. 
ACQUISITION AND DISPOSITION OF PROPERTY 
SEC. 304. (a) (1) The Commission may acquire any property desig-
nated 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. 
(2) Only properties within the park or property designated in para-
graph (3) of this subsection may be acquired by the Commission by 
condemnation. The Commission may initiate condemnation proceed-
ings 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) 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. 
(c) 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 pro-
vide for the administration or maintenance of such property by the 
Commonwealth in a manner consistent with the purpose of this Act. 
POWERS o r 
COMMISSION 
SEC. 305. (a) 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, a
v
S the Commission may 
deem advisable. The Commission may administer oaths or affirma-
tions to witnesses appearing before it. 
(b) 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) 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. 
(d) 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) 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. 
PUBLIC LAW 95-290—JUNE 5, 1978 
92 STAT. 303 
(f) 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) The Commission may obtain by purchase, rental, donation, or 
otherwise, such property, facilities, and services as may be needed to 
carry out its duties. Anj 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 thei'ein pur-
suant 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. 
STAFF OF COMMISSION 
SEC. 306. (a) The Commission shall have a Director who shall be 16 USC 
appointed by the Commission and who shall be paid at a rate not to ^lOcc-36. 
exceed the rate of pay payable for grade GS-15 of the General 
Schedule. 
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. 
3 CFR, 1977 
(b) The Commission may appoint and fix the pay of such addi- Comp., p. 142. 
tional personnel as the Commission deems desirable. 
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(c) The Director and staff of the Commission may be appointed 
without regard to the provisions of title 5, United States Code, govern-
ing appointments in the competitive service, and may be paid without 
regard to the provisions of chapter 61, and subchapter III of chapter 5 USC 5101 et 
53 of such title relating to classification and General Schedule pay *
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rates, except that no individual so appointed may receive pay in excess ^ USC 5331. 
of the annual rate of basic pay payable for grade GS-15 of the General 
Schedule. 
(d) Subject to such rules as may be adoj>tedt)y the Commission, the 
Commission may procure temporary and intermittent services to the 
pfime extent as is authorized by section 3109(b) of title 6, United States 
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Code, but at rates determined by the Commission to be reasonable. 
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(e) (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 Com-
mission to assist it in carrying out its duties under this Act. 
(2) The Administrator of the General Services Administration 
shall provide to the Commission on a reimbursable basis such admin-
istrative support services as the Commission may request. 
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Approved June 5, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1023 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 95-813 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Apr. 3, considered and failed of passage in House. 
Apr. 11, considered and passed House. 
May 18, considered and passed Senate, amended. 
May 23, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 23: 
June 5, Presidential statement.