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(continued)
Secretary deems essential for adequate preservation and
interpretation of the park.
(c) Easements; rights-of-way; permits
All lands acquired pursuant to this subchapter shall be taken by
the Secretary subject to all valid existing rights granted by the
United States for railroad, telephone, telegraph, and pipeline
purposes. The Secretary is authorized to grant rights-of-way,
easements, permits, and other benefits in, through and upon all
lands acquired for the White Pass Trail unit for pipeline purposes,
pursuant to the Acts of February 25, 1920 (41 Stat. 449), August
21, 1935 (49 Stat. 678), and August 12, 1953 (67 Stat. 557), and
for railroad purposes pursuant to the Act of May 14, 1898 (30 Stat.
409): Provided, That significant adverse impacts to park resources
will not result.
(d) Right-of-way for Alaskan highway across Chilkoot Trail
The Secretary is authorized to grant to the State of Alaska a
highway right-of-way across lands in the Chilkoot Trail unit, in
the area of Dyea, for the purpose of linking the communities of
Haines and Skagway by road if he finds that (1) there is no
feasible and prudent alternative to the use of such lands, (2) the
road proposal includes all possible planning to minimize harm to
the park resulting from such road use, and (3) to grant such
right-of-way will not have significant adverse effects on the
historical and archeological resources of the park and its
administration, protection, and management in accordance with the
purposes of this subchapter.
-SOURCE-
(Pub. L. 94-323, Sec. 1, June 30, 1976, 90 Stat. 717; Pub. L.
96-487, title XIII, Sec. 1309, Dec. 2, 1980, 94 Stat. 2481; Pub. L.
103-437, Sec. 6(h)(1), Nov. 2, 1994, 108 Stat. 4585.)
-REFTEXT-
REFERENCES IN TEXT
For Federal surplus property laws, referred to in subsec. (a),
see, generally, subtitle I of Title 40, Public Buildings, Property,
and Works.
Subsection 6(i) of the act of July 7, 1958, commonly known as the
Alaska Statehood Act, referred to in subsec. (b)(1), probably means
subsection (i) of section 6 of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, as amended, which is set out as a note preceding section
21 of Title 48, Territories and Insular Possessions.
That portion of the act of February 25, 1920, which is set out at
41 Stat. 449, as referred to in subsec. (c), is classified to
sections 185 to 187 of Title 30, Mineral Lands and Mining. For
complete classification of the Act to the Code, see Tables.
That portion of the act of August 21, 1935, which is set out at
49 Stat. 678, as referred to in subsec. (c), is classified to
section 185 of Title 30. For complete classification of the Act to
the Code, see Tables.
That portion of the act of August 12, 1953, which is set out at
67 Stat. 557, as referred to in subsec. (c), is classified to
section 185 of Title 30.
That portion of the act of May 14, 1898, which is set out as 30
Stat. 409, as referred to in subsec. (c), is classified to sections
270 and 942-1 of Title 43, Public Lands. For complete
classification of the Act to the Code, see Tables.
-MISC1-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-437 substituted "Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives" for "Committees
on Interior and Insular Affairs of the Congress of the United
States".
1980 - Subsec. (b)(1). Pub. L. 96-487 inserted "or exchange and
notwithstanding the provisions of subsection 6(i) of the Act of
July 7, 1958, (72 Stat. 339, 342), commonly known as the Alaska
Statehood Act, the State may include the minerals in any such
transaction" after "only by donation".
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-End-
-CITE-
16 USC Sec. 410bb-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX - KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410bb-1. Administration
-STATUTE-
(a) Establishment; notice in Federal Register
The Secretary shall establish the park by publication of a notice
to that effect in the Federal Register at such time as he deems
sufficient lands, waters, and interests therein have been acquired
for administration in accordance with the purposes of this
subchapter. Pending such establishment and thereafter, the
Secretary shall administer lands, waters, and interests therein
acquired for the park in accordance with the provisions of sections
1, 2, 3, and 4 of this title, as amended and supplemented, and
sections 461 to 467 of this title, as amended.
(b) Cooperation with Federal agencies, State and local public
bodies, and private interests for development and use of lands
The Secretary is authorized to cooperate and enter into
agreements with other Federal agencies, State and local public
bodies, and private interests, relating to planning, development,
use, acquisition, or disposal (including as provided in section
460l-22 of this title) of lands, structures, and waters in or
adjacent to the park or otherwise affecting the administration,
use, and enjoyment thereof, in order to contribute to the
development and management of such lands in a manner compatible
with the purposes of the park. Such agreements, acquisitions,
dispositions, development, or use and land-use plans shall provide
for the preservation of historical sites and scenic areas,
recreation, and visitor enjoyment to the fullest extent
practicable.
(c) Restoration of property without regard of United States title
thereto
Notwithstanding any other provision of law, the Secretary may
restore and rehabilitate property within the park pursuant to
cooperative agreements without regard as to whether title thereto
is in the United States.
-SOURCE-
(Pub. L. 94-323, Sec. 2, June 30, 1976, 90 Stat. 718.)
-End-
-CITE-
16 USC Sec. 410bb-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX - KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410bb-2. Cooperation with Canada for planning and development
of international park
-STATUTE-
(a) Presidential proclamation
The Secretary, in cooperation with the Secretary of State, is
authorized to consult and cooperate with appropriate officials of
the Government of Canada and Provincial or Territorial officials
regarding planning and development of the park, and an
international historical park. At such time as the Secretary shall
advise the President of the United States that planning,
development, and protection of the adjacent or related historic and
scenic resources in Canada have been accomplished by the Government
of Canada in a manner consistent with the purposes for which the
park was established, and upon enactment of a provision similar to
this section by the proper authority of the Canadian Government,
the President is authorized to issue a proclamation designating and
including the park as part of an international historical park to
be known as Klondike Gold Rush International Historical Park.
(b) Retention of "National" designation for purpose of
authorization
For purposes of administration, promotion, development, and
support by appropriations, that part of the Klondike Gold Rush
International Historical Park within the territory of the United
States shall continue to be designated as the "Klondike Gold Rush
National Historical Park".
-SOURCE-
(Pub. L. 94-323, Sec. 3, June 30, 1976, 90 Stat. 718.)
-EXEC-
PROC. NO. 7114. DESIGNATING KLONDIKE GOLD RUSH INTERNATIONAL
HISTORICAL PARK
Proc. No. 7114, Aug. 5, 1998, 63 F.R. 42563, provided:
A century ago, the Klondike Gold Rush began a migration that
forever changed Alaska and the Yukon Territory. More than 100,000
people headed north during 1897 and 1898, catapulting a
little-known region from obscurity to the center of the world
stage. While the Klondike was not the first or largest western gold
rush, coming nearly 50 years after the 1848 gold discovery at
Sutter's Mill, California, it is remembered for the sheer drama by
which it was announced to the world and for its century-long
influence on Alaska and the upper Yukon River basin.
The United States and Canada have been engaged for 30 years in
joint planning and cooperation to commemorate the Klondike Gold
Rush and preserve historic structures and trails on both sides of
the international boundary. In 1976, the Government of the United
States established Klondike Gold Rush National Historical Park,
consisting of a Seattle unit, a Skagway unit, a Chilkoot Pass unit,
and a White Pass unit, to preserve the historic structures and
trails. The Government of Canada has recognized the national
significance of the Chilkoot Trail and Dawson Historical Complex by
designating them as National Historic Sites. It has also designated
a section of the Yukon River as a Canadian Heritage River and taken
other steps to commemorate the rich history of this region.
It is the desire of the United States to join our Canadian
neighbors in celebrating our shared history on the occasion of the
centennial of the Klondike Gold Rush and to reaffirm the commitment
of the United States to continuing the joint efforts of both
nations to preserve our shared Klondike history.
In 1996, Canadian Prime Minister Jean Chretien proclaimed that,
"the governments of Canada and the United States and of Yukon and
Alaska in a long-standing spirit of cooperation have agreed to
establish the Klondike Gold Rush International Historic Park,
incorporating the resources of the Chilkoot Trail National Historic
Site in British Columbia and the Klondike Gold Rush National
Historical Park in Alaska . . ."
Section 3(a) of U.S. Public Law 94-323 [16 U.S.C. 410bb-2(a)]
states, "At such time . . . that planning, development, and
protection of the adjacent or related historic and scenic resources
in Canada have been accomplished by the Government of Canada in a
manner consistent with the purposes for which the park was
established, and upon enactment of a provision similar to this
section by the proper authority of the Canadian Government, the
President is authorized to issue a proclamation designating and
including the park as a part of an international historical park to
be known as Klondike Gold Rush International Historical Park."
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United
States of America, by virtue of the authority vested in me by
section 3(a) of Public Law 94-323 [16 U.S.C. 410bb-2(a)] of June
30, 1976, do proclaim that Klondike Gold Rush National Historical
Park is designated and included as part of an international
historical park to be known as Klondike Gold Rush International
Historical Park.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of
August, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two
hundred and twenty-third.
William J. Clinton.
-End-
-CITE-
16 USC Sec. 410bb-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX - KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410bb-3. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this subchapter, but not
more than $2,655,000 for the acquisition of lands and interests in
lands, and not more than $5,885,000 for development.
-SOURCE-
(Pub. L. 94-323, Sec. 4, June 30, 1976, 90 Stat. 719.)
-End-
-CITE-
16 USC SUBCHAPTER LIX-A - LOWELL NATIONAL HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LIX-A - LOWELL NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Part A - Establishment of Park and Preservation
District 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part A - Establishment of Park and Preservation District
-HEAD-
PART A - ESTABLISHMENT OF PARK AND PRESERVATION DISTRICT
-End-
-CITE-
16 USC Sec. 410cc 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part A - Establishment of Park and Preservation District
-HEAD-
Sec. 410cc. Congressional statement of findings and purpose
-STATUTE-
(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.
-SOURCE-
(Pub. L. 95-290, Sec. 1, June 5, 1978, 92 Stat. 290.)
-End-
-CITE-
16 USC Sec. 410cc-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part A - Establishment of Park and Preservation District
-HEAD-
Sec. 410cc-1. Definitions
-STATUTE-
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).
-SOURCE-
(Pub. L. 95-290, Sec. 2, June 5, 1978, 92 Stat. 290.)
-REFTEXT-
REFERENCES IN 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, which is set out as
a note under section 461 of this title.
-End-
-CITE-
16 USC Sec. 410cc-11 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part A - Establishment of Park and Preservation District
-HEAD-
Sec. 410cc-11. Establishment of Lowell National Historical Park
-STATUTE-
(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.
(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.
-SOURCE-
(Pub. L. 95-290, title I, Sec. 101, June 5, 1978, 92 Stat. 291.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410cc-1 of this title.
-End-
-CITE-
16 USC Sec. 410cc-12 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part A - Establishment of Park and Preservation District
-HEAD-
Sec. 410cc-12. Consultations, cooperation, and conduct of
activities by Federal entities; issuance of licenses or permits
by Federal entities
-STATUTE-
(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.
-SOURCE-
(Pub. L. 95-290, title I, Sec. 102, June 5, 1978, 92 Stat. 291.)
-End-
-CITE-
16 USC Sec. 410cc-13 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part A - Establishment of Park and Preservation District
-HEAD-
Sec. 410cc-13. Authorization of appropriations
-STATUTE-
(a) General authority; maximum amounts
There are authorized to be appropriated such sums as may be
necessary to carry out this subchapter, 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 410cc-21(b) of
this title and emergency assistance under section 410cc-25(a)(1)
of this title shall not exceed $19,800,000; and
(2) the total of the amounts authorized to be appropriated for
the purpose of carrying out section 410cc-32(b)(2) of this title,
for the payment of grants and loans under section 410cc-33 of
this title, for the acquisition of property under section
410cc-34 of this title, and for carrying out any transportation
program and any educational and cultural program described in
section 410cc-32(c) of this title shall not exceed $33,600,000.
(b) Commencement date
No funds shall be authorized pursuant to this section prior to
October 1, 1978.
(c) Availability of appropriations
Funds appropriated under subsection (a) of this section shall
remain available until expended.
(d) Aggregate amount of money expended; certifying statement to
Congress as limiting availability of appropriated amounts
(1) Within 60 days after June 5, 1978, 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 subchapter 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 certified by the
Secretary in the most recent statement submitted to the Congress
under paragraph (1) of this subsection.
-SOURCE-
(Pub. L. 95-290, title I, Sec. 103, June 5, 1978, 92 Stat. 292;
Pub. L. 100-134, Sec. 1(1), Oct. 16, 1987, 101 Stat. 810.)
-MISC1-
AMENDMENTS
1987 - Subsec. (a). Pub. L. 100-134 substituted "$19,800,000" for
"$18,500,000" in par. (1), and "$33,600,000" for "$21,500,000" in
par. (2).
EFFECTIVE DATE OF 1987 AMENDMENT
Section 2 of Pub. L. 100-134 provided that:
"(a) In General. - Except as provided in subsection (b), the
amendments made by section 1 [amending sections 410cc-13 and
410cc-31 of this title] shall take effect on the date of the
enactment of this Act [Oct. 16, 1987].
"(b) Effective Date of Authorization of Appropriation. - The
amendments made by section 1(1) [amending section 410cc-13 of this
title] shall take effect on October 1, 1987."
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which a report required under subsec. (d)(1) of this section is
listed on page 108), see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money
and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410cc-24, 410cc-25 of
this title.
-End-
-CITE-
16 USC Sec. 410cc-14 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part A - Establishment of Park and Preservation District
-HEAD-
Sec. 410cc-14. Funding limitations
-STATUTE-
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.
-SOURCE-
(Pub. L. 95-290, title I, Sec. 104, June 5, 1978, 92 Stat. 292.)
-End-
-CITE-
16 USC Part B - Powers and Duties of Secretary 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part B - Powers and Duties of Secretary
-HEAD-
PART B - POWERS AND DUTIES OF SECRETARY
-End-
-CITE-
16 USC Sec. 410cc-21 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part B - Powers and Duties of Secretary
-HEAD-
Sec. 410cc-21. Park management plan
-STATUTE-
(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.
-SOURCE-
(Pub. L. 95-290, title II, Sec. 201, June 5, 1978, 92 Stat. 292.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410cc-13, 410cc-25,
410cc-32 of this title.
-End-
-CITE-
16 USC Sec. 410cc-22 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part B - Powers and Duties of Secretary
-HEAD-
Sec. 410cc-22. Acquisition of property
-STATUTE-
(a) Specified property; manner of acquisition
(1) The Secretary is authorized to acquire the properties
designated in paragraph (2) of this subsection, or any interest
therein, by donation, purchase with donated or appropriated funds,
condemnation, or otherwise. Any property or interest therein owned
by the Commonwealth of Massachusetts or any political subdivision
thereof may be acquired only by donation. The Secretary may
initiate condemnation proceedings under this paragraph only after
making every reasonable effort to acquire property through
negotiations and purchase, and consulting with the Commission (if
established) and the city council 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 H and H Paper Company (commonly referred to as Boott
Mill Boarding House), 42 French Street.
(C) Old City Hall, 226 Merrimack Street.
(D) Merrimack Gatehouse, 269 Merrimack Street.
(E) 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) Other property; criteria for acquisition; manner of acquisition
Until the date on which the Commission conducts its first
meeting, the Secretary may acquire any property within the park or
preservation 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,
restored, managed, developed, or maintained in a manner
consistent with the purpose of this subchapter;
(2) is listed in the National Register of Historic Places, as
maintained by the Secretary pursuant to section 470a(a) of this
title, and section 462(b) of this title; 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 subchapter unless acquired
by the Secretary. Such property may be acquired only as provided in
subsection (a)(1) of this section.
(c) Easements; manner of acquisition
The Secretary may acquire easements within the park for the
purpose of carrying out this subchapter. Such easements may be
acquired only as provided in subsection (a)(1) of this section.
-SOURCE-
(Pub. L. 95-290, title II, Sec. 202, June 5, 1978, 92 Stat. 293.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410cc-21 of this title.
-End-
-CITE-
16 USC Sec. 410cc-23 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part B - Powers and Duties of Secretary
-HEAD-
Sec. 410cc-23. Agreements and technical assistance
-STATUTE-
(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.
-SOURCE-
(Pub. L. 95-290, title II, Sec. 203, June 5, 1978, 92 Stat. 294.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410cc-21 of this title.
-End-
-CITE-
16 USC Sec. 410cc-24 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part B - Powers and Duties of Secretary
-HEAD-
Sec. 410cc-24. Withholding of funds; criteria
-STATUTE-
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.
-SOURCE-
(Pub. L. 95-290, title II, Sec. 204, June 5, 1978, 92 Stat. 294.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410cc-25 of this title.
-End-
-CITE-
16 USC Sec. 410cc-25 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part B - Powers and Duties of Secretary
-HEAD-
Sec. 410cc-25. Administrative functions
-STATUTE-
(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.
-SOURCE-
(Pub. L. 95-290, title II, Sec. 205, June 5, 1978, 92 Stat. 295.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410cc-13 of this title.
-End-
-CITE-
16 USC Part C - Powers and Duties of Preservation
Commission 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part C - Powers and Duties of Preservation Commission
-HEAD-
PART C - POWERS AND DUTIES OF PRESERVATION COMMISSION
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in section 410cc-25 of this title.
-End-
-CITE-
16 USC Sec. 410cc-31 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part C - Powers and Duties of Preservation Commission
-HEAD-
Sec. 410cc-31. Lowell Historic Preservation Commission
-STATUTE-
(a) Establishment and administrative role; composition of
membership
There is established within the Department of the Interior a
commission to be known as the Lowell Historic Preservation
Commission which shall administer the preservation district and
provide certain services within the park in accordance with this
part. The Commission shall consist of fifteen members appointed by
the Secretary as follows:
(1) Three members who are members of the city council of
Lowell, appointed from recommendations made by the mayor of
Lowell.
(2) Three members appointed from recommendations made by the
city manager of Lowell of persons who are representative of
organized labor, the business community, local neighborhoods, and
cultural institutions, and who are not elected officials.
(3) One member appointed from recommendations 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 the Commission
because of their familiarity with programs of the Department of
the Interior involving national parks and historic preservation
and who shall be an employee of the Department of the Interior.
(b) Continuation of status as appointed member for member leaving
government office or becoming elected official of government;
duration
If any member of the Commission who was appointed to the
Commission under paragraph (1) or (4) of subsection (a) of this
section as a member of the city council of Lowell or any other
government leaves that office, or if any member of the Commission
who was appointed from persons who are not elected officials of any
government becomes an elected official of a government, such person
may continue as a member of the Commission for not longer than the
thirty-day period beginning on the date such person leaves that
office or becomes such an elected official, as the case may be.
(c) Terms of office and reappointment of members
(1) Except as provided in paragraph (2) of this subsection,
members 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
section, in which case such member may be reappointed four times.
(2) Of the members 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) Chairman; election by members; term of office
The chairman of the Commission shall be elected by the members of
the Commission. The term of the chairman shall be two years.
(e) Vacancies; appointment and term of office; service after
expiration of term
(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 predecessor was appointed. Any
member may serve after the expiration of his term until his
successor is appointed.
(f) Quorum and holding of hearings
Eight members of the Commission shall constitute a quorum, but a
lesser number may hold hearings.
(g) Meetings
The Commission shall meet at least once each month, at the call
of the chairman or a majority of its members.
(h) Compensation; travel expenses and per diem
(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
Commonwealth of Massachusetts shall receive no additional pay on
account of their service on the Commission.
(3) While 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
intermittently in the Government service are allowed expenses under
section 5703 of title 5.
(i) Termination
The Commission established pursuant to this subchapter shall
cease to exist seventeen years from June 5, 1978.
-SOURCE-
(Pub. L. 95-290, title III, Sec. 301, June 5, 1978, 92 Stat. 295;
Pub. L. 100-134, Sec. 1(2), (3), Oct. 16, 1987, 101 Stat. 810.)
-MISC1-
AMENDMENTS
1987 - Subsec. (e)(2). Pub. L. 100-134, Sec. 1(2), substituted
"until his successor is appointed" for "for a period not longer
than thirty days".
Subsec. (i). Pub. L. 100-134, Sec. 1(3), substituted "seventeen"
for "ten".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410cc-1 of this title.
-End-
-CITE-
16 USC Sec. 410cc-32 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09A - LOWELL NATIONAL HISTORICAL PARK
Part C - Powers and Duties of Preservation Commission
-HEAD-
Sec. 410cc-32. Park preservation plan and index
-STATUTE-
(a) Submission by Commission and approval or disapproval by
Secretary of draft and final plans; procedures applicable;
revisions in approved plan
(1) Within one year after the date on which the Commission
conducts its first meeting, the Commission shall submit to the
Secretary a draft park preservation plan meeting the requirements
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
appropriate changes in such plan to the Commission.
(2) Within eighteen months after the date on which the Commission
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 ninetydays after the date on which such plan is submitted to the (continued)