[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4448 Engrossed in House (EH)]
103d CONGRESS
2d Session
H. R. 4448
_______________________________________________________________________
AN ACT
To amend the Act establishing Lowell National Historical Park, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENTS.
The Act entitled ``An Act to provide for the establishment of the
Lowell National Historical Park in the Commonwealth of Massachusetts,
and for other purposes'' approved June 5, 1978 (92 Stat. 290; 16 U.S.C.
410cc et seq.), is amended as follows:
(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 termination of the
Commission, the Secretary, acting through the National Park Service,
shall assume all responsibilities of the Commission for administration
and oversight of the loan and grant agreements under section 303.''.
(3) In section 205, by adding at the end thereof the
following new subsection:
``(e) Leasing Authority.--(1) In addition to other available
authorities, the Secretary may, in his discretion, negotiate and enter
into leases, as appropriate, with any person, firm, association,
organization, corporation or governmental entity for the use of any
property within the Park and Preservation District in accordance with
the General Management Plan and any of the purposes set forth in
section 1 of this Act.
``(2) Any leases entered into under this subsection shall be
subject to such procedures, terms, conditions and restrictions as the
Secretary deems necessary. The Secretary is authorized to negotiate and
enter into leases or other agreements, at fair market value and without
regard to section 321 of chapter 314 of the Act of June 30, 1932 (40
U.S.C. 303b). For purposes of any such lease or other agreements, the
Secretary may adjust the rental by taking into account any amounts to
be expended by the lessee for preservation, maintenance, restoration,
improvement, repair and related expenses with respect to the leased
properties.
``(3) Surplus proceeds from leases entered into under section 111
of the National Historic Preservation Act (16 U.S.C. 470h-3) with
respect to property in the Park and Preservation District, and all
proceeds from all other leases entered into under this subsection,
shall be retained by the Secretary, remain available until expended,
and, subject to appropriation, be used to offset the costs of
preservation, interpretation, restoration, maintenance, improvement,
repair, and related expenses, including administration related to such
expenses, incurred by the Secretary with respect to properties within
the Park and Preservation District, with the balance used to offset
other costs incurred by the Secretary in the administration of the
Park.
``(4) Each lessee of a lease entered into under this subsection
shall keep such records as the Secretary may prescribe to enable the
Secretary to determine that all terms of the lease have been, and are
being, faithfully performed.
``(5) The Secretary shall annually prepare and submit to Congress a
report on property leased under this subsection.''.
(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 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.--Upon the termination of
the Commission, the Secretary shall establish a committee to be known
as the Lowell National Historical Park Advisory Committee (hereinafter
in this section referred to as the `Advisory Committee').
``(b) Membership.--The Advisory Committee shall be composed of 15
members appointed by the Secretary.
``(c) Chairperson.--The Advisory Committee shall designate one of
its members as Chairperson.
``(d) Quorum.--Eight members of the Advisory Committee shall
constitute a quorum. The Advisory Committee shall act and advise by
affirmative vote of a majority of the members voting at a meeting at
which a quorum is present. The Advisory Committee shall meet on a
regular basis. Notice of meetings and agenda shall be published in
local newspapers which have a distribution which generally covers the
area affected by the park and preservation district. Advisory Committee
meetings shall be held at locations and in such a manner as to ensure
adequate public involvement.
``(e) Functions.--The Advisory Committee shall advise the Secretary
on the operation, maintenance, development, and programming of the park
and preservation district.
``(f) Support and Technical Services.--In order to provide staff
support and technical services to assist the Advisory Committee in
carrying out its duties under this Act, upon request of the Advisory
Committee, the Secretary is authorized to detail any personnel of the
National Park Service to the Advisory Committee.
``(g) Per Diem.--Members of the Advisory Committee shall serve
without compensation but shall be entitled to travel expenses,
including per diem in lieu of subsistence, in the same manner as
persons employed intermittently in Government service under section
5703 of title 5, United States Code.
``(h) FACA.--The provisions of section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), are hereby
waived with respect to the Advisory Committee.
``(i) Vacancies.--Any vacancy in the Advisory Committee shall be
filled in the same manner in which the original appointment was made.
Any member may serve after the expiration of his term until his
successor is appointed.
``(j) Termination.--The Advisory Committee shall terminate on June
5, 2010.
``SEC. 309. COMPTROLLER GENERAL REVIEW.
``(a) Deadline.--No later than January 1, 1996, the Comptroller
General of the United States shall conduct the audit described in
subsection (b) and submit to Congress a report concerning the results
of such audit.
``(b) Audit.--The audit required by subsection (a) shall deal only
with those activities and expenditures authorized by this Act and
shall--
``(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 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 Congress that, to
the greatest extent practicable, all equipment and products purchased
with funds made available pursuant to this Act should be American made.
``(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
pursuant to this Act, the Commission, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.''.
Passed the House of Representatives September 26, 1994.
Attest:
Clerk.
103d CONGRESS
2d Session
H. R. 4448
_______________________________________________________________________
AN ACT
To amend the Act establishing Lowell National Historical Park, and for
other purposes.