
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC410cc-32]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
            SUBCHAPTER LIX-A--LOWELL NATIONAL HISTORICAL PARK
 
          Part C--Powers and Duties of Preservation Commission
 
Sec. 410cc-32. Park preservation plan and index


(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 ninety days after the date 
on which such plan is submitted to the Secretary, approve or disapprove 
such plan. The Secretary may not approve such plan unless the Secretary 
determines that such plan would 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.

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

                  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.
