103D CONGRESS 2D SESSION
H. R. 4448
AN ACT
To amend the Act establishing Lowell National Historical Park, and for other purposes. 1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled, 3 4
SECTION 1. AMENDMENTS.
The Act entitled ‘‘An Act to provide for the establish-
5 ment of the Lowell National Historical Park in the Com6 monwealth of Massachusetts, and for other purposes’’ ap7 proved June 5, 1978 (92 Stat. 290; 16 U.S.C. 410cc et 8 seq.), is amended as follows:
2 1 2 3 4 5 6 7 (1) In section 103(a)(2), by striking
‘‘$33,600,000’’ and inserting ‘‘$43,930,000’’. The amendment made by this paragraph shall take effect on October 1, 1994. (2) In section 203, by adding at the end thereof the following new subsection: ‘‘(c) LOAN
AND
GRANT AGREEMENTS.—Upon termi-
8 nation of the Commission, the Secretary, acting through 9 the National Park Service, shall assume all responsibilities 10 of the Commission for administration and oversight of the 11 loan and grant agreements under section 303.’’. 12 13 14 (3) In section 205, by adding at the end thereof the following new subsection: ‘‘(e) LEASING AUTHORITY.—(1) In addition to other
15 available authorities, the Secretary may, in his discretion, 16 negotiate and enter into leases, as appropriate, with any 17 person, firm, association, organization, corporation or gov18 ernmental entity for the use of any property within the 19 Park and Preservation District in accordance with the 20 General Management Plan and any of the purposes set 21 forth in section 1 of this Act. 22 ‘‘(2) Any leases entered into under this subsection
23 shall be subject to such procedures, terms, conditions and 24 restrictions as the Secretary deems necessary. The Sec25 retary is authorized to negotiate and enter into leases or
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3 1 other agreements, at fair market value and without regard 2 to section 321 of chapter 314 of the Act of June 30, 1932 3 (40 U.S.C. 303b). For purposes of any such lease or other 4 agreements, the Secretary may adjust the rental by taking 5 into account any amounts to be expended by the lessee 6 for preservation, maintenance, restoration, improvement, 7 repair and related expenses with respect to the leased 8 properties. 9 ‘‘(3) Surplus proceeds from leases entered into under
10 section 111 of the National Historic Preservation Act (16 11 U.S.C. 470h–3) with respect to property in the Park and 12 Preservation District, and all proceeds from all other 13 leases entered into under this subsection, shall be retained 14 by the Secretary, remain available until expended, and, 15 subject to appropriation, be used to offset the costs of 16 preservation, interpretation, restoration, maintenance, im17 provement, repair, and related expenses, including admin18 istration related to such expenses, incurred by the Sec19 retary with respect to properties within the Park and 20 Preservation District, with the balance used to offset other 21 costs incurred by the Secretary in the administration of 22 the Park. 23 ‘‘(4) Each lessee of a lease entered into under this
24 subsection shall keep such records as the Secretary may 25 prescribe to enable the Secretary to determine that all
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4 1 terms of the lease have been, and are being, faithfully per2 formed. 3 ‘‘(5) The Secretary shall annually prepare and submit
4 to Congress a report on property leased under this sub5 section.’’. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (4) In section 301(i), by striking ‘‘seventeen’’ and inserting ‘‘22’’. (5) In section 303(a), by amending paragraph (1) to read as follows: ‘‘(1) The loan to the corporation shall have a maturity of 35 years. At the end of such period, the corporation shall repay to the Secretary of the Treasury (in a lump sum) for deposit in the general fund of the Treasury the full amount of the loan and any additional amounts accruing to the corporation pursuant to this subsection excepting principal and interest losses occasioned by loan defaults after all reasonable efforts at collection have been completed plus those amounts expended by the Corporation for reasonable administrative expenses. The Commission is further authorized to renegotiate the terms and conditions respecting loan repayment of the agreement dated December 8, 1980, with the Lowell Development and Financial Corporation. The authority provided in this paragraph shall be available only to
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5 1 2 3 4 5 6 7 8 9 10 the extent that appropriations for a subsidy cost, as defined in section 502 of the Congressional Budget Act of 1974, are made in advance.’’. (6) In section 305(g), by inserting before the period at the end thereof ‘‘for administration by the National Park Service in accordance with the general management plan’’. (7) By adding after section 307 the following:
‘‘SEC. 308. ADVISORY COMMITTEE.
‘‘(a) ESTABLISHMENT
OF
ADVISORY COMMITTEE.—
11 Upon the termination of the Commission, the Secretary 12 shall establish a committee to be known as the Lowell Na13 tional Historical Park Advisory Committee (hereinafter in 14 this section referred to as the ‘Advisory Committee’). 15 ‘‘(b) MEMBERSHIP.—The Advisory Committee shall
16 be composed of 15 members appointed by the Secretary. 17 ‘‘(c) CHAIRPERSON.—The Advisory Committee shall
18 designate one of its members as Chairperson. 19 ‘‘(d) QUORUM.—Eight members of the Advisory
20 Committee shall constitute a quorum. The Advisory Com21 mittee shall act and advise by affirmative vote of a major22 ity of the members voting at a meeting at which a quorum 23 is present. The Advisory Committee shall meet on a regu24 lar basis. Notice of meetings and agenda shall be pub25 lished in local newspapers which have a distribution which
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6 1 generally covers the area affected by the park and preser2 vation district. Advisory Committee meetings shall be held 3 at locations and in such a manner as to ensure adequate 4 public involvement. 5 ‘‘(e) FUNCTIONS.—The Advisory Committee shall ad-
6 vise the Secretary on the operation, maintenance, develop7 ment, and programming of the park and preservation dis8 trict. 9 ‘‘(f) SUPPORT
AND
TECHNICAL SERVICES.—In order
10 to provide staff support and technical services to assist 11 the Advisory Committee in carrying out its duties under 12 this Act, upon request of the Advisory Committee, the Sec13 retary is authorized to detail any personnel of the National 14 Park Service to the Advisory Committee. 15 ‘‘(g) PER DIEM.—Members of the Advisory Commit-
16 tee shall serve without compensation but shall be entitled 17 to travel expenses, including per diem in lieu of subsist18 ence, in the same manner as persons employed intermit19 tently in Government service under section 5703 of title 20 5, United States Code. 21 ‘‘(h) FACA.—The provisions of section 14(b) of the
22 Federal Advisory Committee Act (5 U.S.C. Appendix; 86 23 Stat. 776), are hereby waived with respect to the Advisory 24 Committee.
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7 1 ‘‘(i) VACANCIES.—Any vacancy in the Advisory Com-
2 mittee shall be filled in the same manner in which the 3 original appointment was made. Any member may serve 4 after the expiration of his term until his successor is ap5 pointed. 6 ‘‘(j) TERMINATION.—The Advisory Committee shall
7 terminate on June 5, 2010. 8 9
‘‘SEC. 309. COMPTROLLER GENERAL REVIEW.
‘‘(a) DEADLINE.—No later than January 1, 1996,
10 the Comptroller General of the United States shall con11 duct the audit described in subsection (b) and submit to 12 Congress a report concerning the results of such audit. 13 ‘‘(b) AUDIT.—The audit required by subsection (a)
14 shall deal only with those activities and expenditures au15 thorized by this Act and shall— 16 17 18 19 20 21 22 23 24 25 ‘‘(1) review the authorities of the National Park Service and the Lowell Historic Park Advisory Commission and compare them with those of similar units of the National Park System; ‘‘(2) undertake a detailed assessment of all major Federal expenditures made by the National Park Service and the Lowell Historic Park Advisory Commission; ‘‘(3) examine all loans made by the Lowell Development and Financial Corporation related to the
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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Lowell National Historical Park and document the status of those loans which have not been fully repaid; ‘‘(4) identify the extent of non-Federal investment that has been generated because of Federal spending authorized by this Act; and ‘‘(5) review all Federal activities and expenditures associated with renovating the Nesmith House and give the current status of that effort.’’. (8) By adding at the end the following: ‘‘TITLE IV—BUY AMERICAN
‘‘SEC. 401. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS.
‘‘(a) SENSE
OF
CONGRESS.—It is the sense of the
15 Congress that, to the greatest extent practicable, all equip16 ment and products purchased with funds made available 17 pursuant to this Act should be American made. 18 ‘‘(b) NOTICE REQUIREMENT.—In providing financial
19 assistance to, or entering into any contract with, any en20 tity using funds made available pursuant to this Act, the 21 Commission, to the greatest extent practicable, shall pro-
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9 1 vide to such entity a notice describing the statement made 2 in subsection (a) by the Congress.’’. Passed the House of Representatives September 26, 1994. Attest:
Clerk.
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103D CONGRESS 2D SESSION
H. R. 4448
AN ACT
To amend the Act establishing Lowell National Historical Park, and for other purposes.