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(continued)
Secretary, approve or disapprove such plan. The Secretary may not
approve such plan unless the Secretary determines that such plan
would adequately carry out the purpose of this subchapter.
(3) If the Secretary disapproves a park preservation plan, the
Secretary shall advise the Commission of the reasons for such
disapproval together with the recommendations of the Secretary for
revision of such plan. Within such period as the Secretary may
designate, 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
Secretary shall publish notice of such approval in the Federal
Register and shall forward copies of the approved plan to the
Congress.
(5) Any park preservation plan or draft plan submitted to the
Secretary under this subsection shall, upon request, be available
to the public.
(6) No changes other than minor revisions may be made in the
approved park preservation plan without the approval of the
Secretary. The Secretary shall approve or disapprove any proposed
change in the approved park preservation plan, except minor
revisions in the same manner as required in paragraph (2) of this
subsection for the approval or disapproval of the original park
preservation plan.
(b) Funding availability and requirements for plan implementation,
activities, etc.
(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 410cc-33 or 410cc-34 of this title until a park
preservation plan has been approved under subsection (a) of this
section.
(2) Before a park preservation plan is approved under subsection
(a) of this section, the Secretary may make available to the
Commission 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 describing 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
emergency assistance for the purpose of preserving and protecting
their property in a manner consistent with the purpose of this
subchapter; or
(C) acquire in accordance with section 410cc-34 of this title,
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 subchapter;
(ii) 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
(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 subchapter unless
acquired by the Commission.
(c) Requirements for plan
Any plan submitted to the Secretary under 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,
development, 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;
(G) the Ahepa Building, 31 Kirk Street;
(H) Boott Mill, Foot of John Street;
(I) Lowell Manufacturing Company on Market Street; 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 410cc-34 of this title and specify how such
properties 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 programs under
section 410cc-33 of this title, including information relating 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
Commission shall provide, directly or by agreement with any
person or any public or private entity, transportation services
and facilities for park and preservation district visitors,
including barge equipment, docking facilities, and local rail
facilities;
(7) provide for educational and cultural programs to encourage
appreciation of the resources of the park and preservation
district; and
(8) include a tentative budget for the subsequent five fiscal
years.
(d) Establishment and contents of index; modification of index
The Commission shall establish, within one year after the date 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 410cc-21(a)(2) of this
title) which should be preserved, restored, managed, developed,
maintained, or acquired by the Commission because of its national
historic or cultural significance; and
(2) any property which should be preserved, restored, managed,
developed, or maintained in a manner compatible with the purpose
of this subchapter because of its proximity to (A) any property
referred to in paragraph (1) of this subsection, or (B) any
property designated in section 410cc-21(a)(2) of this title.

The index may be modified only by a majority vote of the members of
the Commission, taken when a quorum is present.
(e) Standards and criteria for construction, preservation, etc., of
properties within preservation district and park; authorization;
establishment; revisions; publication in Federal Register
(1) The Commission shall establish standards and criteria
applicable to the construction, preservation, restoration,
alteration, and 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
standards and criteria may be revised in the same manner in which
they were originally established.
(4) The Secretary shall publish the standards and criteria
established under paragraphs (1) and (2) of this subsection, and
any revisions thereof, in the Federal Register.

-SOURCE-
(Pub. L. 95-290, title III, Sec. 302, June 5, 1978, 92 Stat. 297.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410cc-12, 410cc-13,
410cc-23, 410cc-24, 410cc-25, 410cc-33, 410cc-34 of this title.

-End-



-CITE-
16 USC Sec. 410cc-33 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-33. Financial and technical assistance

-STATUTE-
(a) Loans to Lowell Development and Financial Corporation for loans
for preservation, etc., of property; terms of loan agreement with
corporation; determination of compliance by corporation with
requirements for loans; repayment by corporation
The Commission may make loans to the Lowell Development 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 410cc-32(d)(1) of this title. The
Commission may make any such loan to the corporation only after
entering into a loan agreement 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 Commission, and any interest
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
Commission, 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 described in paragraph (2)
of this subsection).
(4) As loans made under paragraphs (6) and (7) of this
subsection are repaid, the corporation shall make additional
loans under such paragraphs with the money made available for
obligation 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 statement
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 410cc-32(e) of this title, and
(B) the goals of the park preservation plan approved under
section 410cc-32(a) of this title.

(7) The 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 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 information related to loans made under paragraphs (6)
and (7) of this subsection. If the Commission determines, after
conducting a hearing on the record, that the corporation has
substantially failed to comply with this subsection, the
outstanding balance of any loan made to the corporation under this
subsection shall become payable in full upon the demand of the
Commission.
(b) Grants to property owners for preservation, etc., of property;
grants to persons or public or private entities for educational
and cultural programs or for necessary services; terms of grant
agreements; recovery of amounts for inconsistent uses
(1) The Commission may make grants to owners of property
described in section 410cc-32(d)(1) of this title for the
preservation, restoration, management, development, or maintenance
of such property in a manner consistent with the standards and
criteria established pursuant to section 410cc-32(e) of this title.
(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
planning, transportation, maintenance, or other services the
Commission considers necessary to carry out the purposes of this
subchapter.
(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
Commission 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) Technical assistance to property owners, etc.
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
section 410cc-32(d) of this title, or (B) applying for loans
under subsection (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 subchapter.
(d) Availability to Secretary of all accounts, financial records,
and other information relating to loans and grants
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.

-SOURCE-
(Pub. L. 95-290, title III, Sec. 303, June 5, 1978, 92 Stat. 300.)

-COD-
CODIFICATION
Subsec. (e) of this section, which required the Secretary to make
an annual report to Congress describing the loans, grants, and
technical assistance provided under this section and under section
410cc-23 of this title, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
a note under section 1113 of Title 31, Money and Finance. See,
also, page 108 of House Document No. 103-7.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410cc-13, 410cc-32 of
this title.

-End-



-CITE-
16 USC Sec. 410cc-34 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-34. Acquisition and disposition of property

-STATUTE-
(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.

-SOURCE-
(Pub. L. 95-290, title III, Sec. 304, June 5, 1978, 92 Stat. 302.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410cc-13, 410cc-32,
410cc-35 of this title.

-End-



-CITE-
16 USC Sec. 410cc-35 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-35. Powers of Commission

-STATUTE-
(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.

-SOURCE-
(Pub. L. 95-290, title III, Sec. 305, June 5, 1978, 92 Stat. 302.)

-End-



-CITE-
16 USC Sec. 410cc-36 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-36. Staff of Commission

-STATUTE-
(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.

-SOURCE-
(Pub. L. 95-290, title III, Sec. 306, June 5, 1978, 92 Stat. 303.)

-REFTEXT-
REFERENCES IN 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.
The provisions of title 5 governing appointments in the
competitive service, referred to in subsec. (c), are classified
generally to section 3301 et seq. of Title 5.

-End-



-CITE-
16 USC Sec. 410cc-37 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-37. Use of funds; maintenance of financial records;
audits

-STATUTE-
(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.

-SOURCE-
(Pub. L. 95-290, title III, Sec. 307, as added Pub. L. 96-344, Sec.
10, Sept. 8, 1980, 94 Stat. 1136.)

-End-


-CITE-
16 USC SUBCHAPTER LIX-B - WAR IN THE PACIFIC NATIONAL
HISTORICAL PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09B - WAR IN THE PACIFIC NATIONAL HISTORICAL PARK

-HEAD-
SUBCHAPTER LIX-B - WAR IN THE PACIFIC NATIONAL HISTORICAL PARK

-End-



-CITE-
16 USC Sec. 410dd 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09B - WAR IN THE PACIFIC NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410dd. Establishment

-STATUTE-
(a) Statement of purposes
In order to commemorate the bravery and sacrifice of those
participating in the campaigns of the Pacific theater of World War
II and to conserve and interpret outstanding natural, scenic, and
historic values and objects on the island of Guam for the benefit
and enjoyment of present and future generations, the War in the
Pacific National Historical Park (hereinafter in this section
referred to as the "park") is hereby established.
(b) Boundaries; revisions of boundary; publication in Federal
Register
The boundaries of the park shall be as generally depicted on the
drawing entitled "Boundary Map, War in the Pacific National
Historical Park, Guam" numbered P-24-80,000-B and dated March 1978,
which shall be on file and available for inspection in the offices
of the National Park Service, Department of the Interior. Following
ninety days notice to the Committee on Natural Resources of the
House of Representatives and to the Committee on Energy and Natural
Resources of the Senate, the Secretary may make minor revisions of
the boundary of the park by publication of a revised map in the
Federal Register.
(c) Acquisition of lands and interests therein; manner of
acquisition
Within the boundaries of the park, the Secretary may acquire
lands and interests therein by donation, purchase with donated or
appropriated funds, exchange, or transfer.
(d) Identification, etc., of other points relevant to park
Other points on the island of Guam relevant to the park may be
identified, established, and marked by the Secretary in agreement
with the Governor of Guam.
(e) Administration of property
The Secretary shall administer property acquired in accordance
with the laws generally applicable to the management of units of
the National Park System.
(f) Assistance of appropriate historians for interpretation of
historical aspects; language requirements for interpretative
activities
The Secretary is authorized to seek the assistance of appropriate
historians to interpret the historical aspects of the park. To the
greatest extent possible, interpretative activities will be
conducted in the following three languages: English, Chamorro, and
Japanese.
(g) Negotiations for berthing and interpretation of naval vessel
appropriate for accessibility to public
The Secretary is authorized to enter into negotiations with the
Secretary of Defense for the berthing and interpretation of a naval
vessel of World War II vintage which shall be accessible to the
public on the island of Guam.
(h) Repealed. Pub. L. 103-437, Sec. 6(i)(2), Nov. 2, 1994, 108
Stat. 4585
(i) Employment and training of residents of Guam or Northern
Mariana Islands for development, maintenance, and administration
The Secretary is authorized and directed, to the maximum extent
feasible, to employ and train residents of Guam or of the Northern
Mariana Islands to develop, maintain, and administer the park.
(j) Fees or charges prohibited
Notwithstanding any provision of law to the contrary, no fee or
charge shall be imposed for entrance or admission into the War in
the Pacific National Historical Park.
(k) Authorization of appropriations
For the purposes of the park established under this section,
effective October 1, 1978, there are authorized to be appropriated
such sums as may be necessary, but not to exceed $16,000,000 for
the acquisition of lands or interests in lands and $8,000,000 for
development.
(l) Monument
Within the boundaries of the park, the Secretary is authorized to
construct a monument which shall commemorate the loyalty of the
people of Guam and the herosim (!1) of the American forces that
liberated Guam.

(m) Interpretive programs
Within the boundaries of the park, the Secretary is authorized to
implement programs to interpret experiences of the people of Guam
during World War II, including, but not limited to, oral histories
of those people of Guam who experienced the occupation.
(n) Report on projected development costs
Within six months after December 17, 1993, the Secretary, through
the Director of the National Park Service, shall develop and
transmit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report containing updated cost estimates for the
development of the park. Further, this report shall contain a
general plan to implement subsections (l) and (m) of this section,
including, at a minimum, cost estimates for the design and
construction of the monument authorized in section (!2) (l) of this
section.

(o) Protection of vintage weapons and fortifications
The Secretary may take such steps as may be necessary to preserve
and protect various World War II vintage weapons and fortifications
which exist within the boundaries of the park.

-SOURCE-
(Pub. L. 95-348, Sec. 6, Aug. 18, 1978, 92 Stat. 492; Pub. L.
103-197, Sec. 3, Dec. 17, 1993, 107 Stat. 2302; Pub. L. 103-437,
Sec. 6(i), Nov. 2, 1994, 108 Stat. 4585.)


-MISC1-
AMENDMENTS
1994 - Subsec. (b). Pub. L. 103-437, Sec. 6(i)(1), substituted
"Natural Resources" for "Interior and Insular Affairs" after
"Committee on".
Subsec. (h). Pub. L. 103-437, Sec. 6(i)(2), struck out subsec.
(h) which directed Secretary, within two years from Aug. 18, 1978,
to develop and transmit to Congressional committees, a general
management plan for War in the Pacific National Historic Park, and
to transmit within 5 years of Aug. 18, 1978, a study of additional
sites associated with Pacific Campaign of World War II.
1993 - Subsec. (k). Pub. L. 103-197, Sec. 3(a), substituted
"$8,000,000" for "$500,000".
Subsecs. (l) to (o). Pub. L. 103-197, Sec. 3(b), added subsecs.
(l) to (o).

-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.


-MISC2-
CONGRESSIONAL FINDINGS
Section 1 of Pub. L. 103-197 provided that: "Congress finds that
-
"(1) June 15 through August 10, 1994, marks the 50th
anniversary of the Mariana campaign of World War II in which
American forces captured the islands of Saipan and Tinian in the
Northern Marianas and liberated the United States Territory of
Guam from Japanese occupation;
"(2) an attack during this campaign by the Japanese Imperial
fleet, aimed at countering the American forces that had landed on
Saipan, led to the battle of the Philippine Sea, which resulted
in a crushing defeat for the Japanese by United States naval
forces and the destruction of the effectiveness of the Japanese
carrier-based airpower;
"(3) the recapture of Guam liberated one of the few pieces of
United States territory that was occupied for two and one-half
years by the enemy during World War II and restored freedom to
the indigenous Chamorros on Guam who suffered as a result of the
Japanese occupation;
"(4) Army, Navy, Marine Corps, and Coast Guard units
distinguished themselves with their heroic bravery and sacrifice;
"(5) the Guam Insular Force Guard, the Guam militia, and the
people of Guam earned the highest respect for their defense of
the island during the Japanese invasion and their resistance
during the occupation; their assistance to the American forces as
scouts for the American invasion was invaluable; and their role,
as members of the Guam Combat Patrol, was instrumental in seeking
out the remaining Japanese forces and restoring peace to the
island;
"(6) during the occupation, the people of Guam -
"(A) were forcibly removed from their homes;
"(B) were relocated to remote sections of the island;
"(C) were required to perform forced labor and faced other
harsh treatment, injustices, and death; and
"(D) were placed in concentration camps when the American
invasion became imminent and were brutalized by their occupiers
when the liberation of Guam became apparent to the Japanese;
"(7) the liberation of the Mariana Islands marked a pivotal
point in the Pacific war and led to the American victories at Iwo
Jima, Okinawa, the Philippines, Taiwan, and the south China
coast, and ultimately against the Japanese home islands;
"(8) the Mariana Islands of Guam, Saipan, and Tinian provided,
for the first time during the war, air bases which allowed
land-based American bombers to reach strategic targets in Japan;
and
"(9) the air offensive conducted from the Marianas against the
Japanese war-making capability helped shorten the war and
ultimately reduced the toll of lives to secure peace in the
Pacific."

TRANSFER OF EXCESS LAND TO NATIONAL PARK SERVICE
Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329-213, 1329-222, provided in part: "That any Federally-owned
land in War in the Pacific National Historical Park that hereafter
becomes excess to the needs of the administering agency shall be
transferred to the jurisdiction of the National Park Service,
without reimbursement, for purposes of the park."

-FOOTNOTE-
(!1) So in original. Probably should be "heroism".

(!2) So in original. Probably should be "subsection".


-End-


-CITE-
16 USC SUBCHAPTER LIX-C - SAN ANTONIO MISSIONS NATIONAL
HISTORICAL PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09C - SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK

-HEAD-
SUBCHAPTER LIX-C - SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK

-End-



-CITE-
16 USC Sec. 410ee 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09C - SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410ee. Establishment

-STATUTE-
(a) Composition; boundary revisions
In order to provide for the preservation, restoration, and
interpretation of the Spanish Missions of San Antonio, Texas, for
the benefit and enjoyment of present and future generations of
Americans, there is hereby established the San Antonio Missions
National Historical Park (hereafter in this section referred to as
the "park") consisting of Concepcion, San Jose, San Juan, and
Espada Missions, together with areas and features historically
associated therewith, as generally depicted on the drawing entitled
"Boundary Map, San Antonio Missions National Historical Park",
numbered 930-80,022-C and dated May 1978, which shall be on file
and available for public inspection in the offices of the National
Park Service, Department of the Interior, and in the offices of the
Superintendent of the park. The park shall also consist of the
lands and interests therein within the area bounded by the line
depicted as "Proposed Boundary Extension" on the maps entitled "San
Antonio Missions National Historical Park", numbered 472-80,075,
472-80,076, 472-80,077, 472-80,078, 472-80,079, 472-80,080, and
472-80,081 and dated June 7, 1990, which shall be on file and
available for public inspection in the same manner as is such
drawing. After advising the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Natural
Resources of the United States House of Representatives, in
writing, the Secretary of the Interior (hereinafter referred to as
the "Secretary") may make minor revisions of the boundaries of the
park when necessary by publication of a revised drawing or other
boundary description in the Federal Register.
(b) Acquisition of lands and interests; cooperative agreements;
submittal to Department of Justice
For the purposes of this section, the Secretary is authorized -
(1) to acquire by donation, purchase with donated or
appropriated funds, or exchange, lands and interests therein
constituting the following generally described areas in the
historic missions district of the city of San Antonio, Texas -
(A) Mission San Jose y San Miguel de Aguayo;
(B) Mission Nuestra Senora de la Purisima Concepcion de
Acuna;
(C) Mission San Francisco de la Espada;
(D) Espada Acequia, the section of approximately five miles
along the west side of and parallel to the San Antonio River;
(E) Espada Dam and Aqueduct;
(F) Mission San Juan Capistrano;
(G) San Juan Acequia, on the east side of the San Antonio
River; and
(H) such lands and interests therein which the Secretary
determines are necessary or desirable to provide for public
access to, and interpretation and protection of, the foregoing;
and

(2) to enter cooperative agreements with the owners of any
historic properties, including properties referred to in
paragraph (1), in furtherance of the purposes of this section.

Each agreement under paragraph (2) shall provide among other things
that the owner will hold and preserve the historic property in
perpetuity and will not undertake or permit the alteration or
removal of historic features or the erection of markers,
structures, or buildings without the prior concurrence of the
Secretary, and that the public shall have reasonable access to
those portions of the property to which access is necessary in the
judgment of the Secretary for the proper appreciation and
interpretation of its historical and architectural value. Pursuant
to such cooperative agreements and notwithstanding any other
provision of law to the contrary the Secretary may, directly or by
contract, construct, reconstruct, rehabilitate, or develop such
buildings, structures, and related facilities including roads,
trails, and other interpretive facilities on real property not in
Federal ownership and may maintain and operate programs in
connection therewith as he deems appropriate. Any lands or interest
therein owned by the Catholic Archdiocese of San Antonio, the State
of Texas, or any political subdivision of such State, including the
San Antonio River Authority, may be acquired by donation only:
Provided, That the Secretary shall submit all proposed cooperative
agreements to the Department of Justice for a determination that
the proposed agreements do not violate the constitutional
provisions regarding the separation of church and state.
(c) Retention of rights by owners; compensation for property;
termination of rights; "improved property" defined
(1) With the exception of any property deemed necessary by the
Secretary for visitor facilities or administration of the park, any
owner or owners of improved property on the date of its acquisition
by the Secretary may, as a condition of such acquisition, retain
for themselves and their successors or assigns a right of use and
occupancy of the property for noncommercial residential purposes,
for twenty-five years, or, in lieu thereof, for a term ending at
the death of the owner or his spouse, whichever is later. The owner
shall elect the term to be reserved. The Secretary shall pay to the
owner the fair market value of the property on the date of such
acquisition less the fair market value on such date of the right
retained by the owner.
(2) A right of use and occupancy retained or enjoyed pursuant to
this subsection may be terminated with respect to the entire
property by the Secretary upon his determination that the property
or any portion thereof had ceased to be used for noncommercial
residential purposes and upon tender to the holder of a right an
amount equal to the fair market value, as of the date of tender, of
that portion of the right which remains unexpired on the date of
termination.
(3) The term "improved property", as used in this subsection,
shall mean a detached, noncommercial residential dwelling, the
construction of which was begun before January 1, 1978 (hereinafter
referred to as a "dwelling"), together with so much of the land on
which the dwelling is situated, the said land being in the same
ownership as the dwelling, as the Secretary shall designate to be
reasonably necessary for the enjoyment or (!1) the dwelling for the
sole purpose of noncommercial residential use, together with any
structures accessory to the dwelling which are situated on the land
so designated.

(d) Protection and preservation of historical and architectural
values; administration
The Secretary is authorized and directed to take prompt and
appropriate action in accordance with the provisions of this
section and any cooperative agreement hereunder to assure the
protection and preservation of the historical and architectural
values of the missions and the areas and features historically
associated therewith within the boundaries of the park. The park
shall be administered by the Secretary in accordance with this
section and provisions of law generally applicable to units of the
National Park System, including sections 1, 2, 3, and 4 of this
title and sections 461 to 467 of this title.
(e) San Antonio Missions Advisory Commission; membership; Chairman;
vacancies; compensation and expenses; meeting and consultation
between Secretary and Advisory Commission; termination
(1) There is hereby authorized to be established by the
Secretary, a San Antonio Missions Advisory Commission. The
Commission shall be composed of eleven members, each appointed for
a term of two years by the Secretary, as follows:
(A) one member to be appointed from recommendations made by the
Governor of the State of Texas;
(B) one member to be appointed from recommendations made by the
County Commissioners of Bexar County, Texas;
(C) one member to be appointed from recommendations made by the
City Council of the City of San Antonio, Texas;
(D) one member to be appointed to represent non-Federal
property owners whose property is operated and maintained in
accordance with cooperative agreements with the Secretary
pursuant to subsection (b)(2) of this section;
(E) one member from the membership of a local conservation or
historical organization; and
(F) six members representing the general public.

The Secretary shall designate one member to be Chairman of the
Commission and may fill any vacancy in the same manner in which the
original appointment was made.
(2) Members of the Commission shall serve without compensation as
such, but the Secretary may pay expenses reasonably incurred by the
Commission and may reimburse members for reasonable expenses
incurred in carrying out their responsibilities under this section
on vouchers signed by the Chairman.
(3) All appointments to the Commission shall be made by the
Secretary within six months after November 10, 1978, and the
Secretary, or his designee, shall from time to time, but at least
semiannually, meet and consult with the Advisory Commission in
matters relating to the park and with respect to carrying out the
provisions of this section.
(4) Unless extended by Act of Congress, this Commission shall
terminate ten years after the date of its first meeting with the
Secretary or his designee.
(f) Authorization of appropriations
(1) There are hereby authorized to be appropriated such sums as
may be necessary to carry out the purposes of this section, but not
more than $10,000,000 for the acquisition of lands and interests in
lands.
(2) For the development of essential public facilities there are
authorized to be appropriated not more than $15,000,000.

-SOURCE-
(Pub. L. 95-629, title II, Sec. 201, Nov. 10, 1978, 92 Stat. 3636;
Pub. L. 96-344, Sec. 13, Sept. 8, 1980, 94 Stat. 1136; Pub. L.
101-628, title V, Sec. 501, Nov. 28, 1990, 104 Stat. 4492; Pub. L.
103-437, Sec. 6(j), Nov. 2, 1994, 108 Stat. 4585.)


-MISC1-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-437, Sec. 6(j)(1), substituted
"Natural Resources" for "Interior and Insular Affairs" after
"Committee on".
Subsec. (f)(2). Pub. L. 103-437, Sec. 6(j)(2), struck out at end
"Within one year from November 10, 1978, the Secretary shall (continued)