§284c — Title 16 Conservation | U.S. Code

Summary

The Secretary can give the Foundation a $9,000,000 grant to rebuild the Center. The grant is paid in pieces as needed. The grant only goes forward if the Foundation promises, in writing and in a way the Secretary accepts, to raise enough non‑Federal money to finish the work on time. The Secretary can also lend up to $8,000,000 to help finish the rebuild and pay for noise fixes. Loans can equal twice the non‑Federal money the Foundation provides. Loans must be paid back with interest at a rate the Treasury sets, and loan terms are normally no more than five years. For loans already outstanding on a certain effective date, the term can be up to 25 years, with equal yearly payments starting June 1, 1991; the first three payments are $215,000 each and yearly payments may be reduced by up to $60,000 for donated public‑service tickets given to 501(c)(3) groups. Interest that built up before that effective date is forgiven. If the Foundation updates its agreement within 120 days to accept these changes, no interest is charged after the effective date; otherwise interest resumes. If the Foundation defaults for more than 60 days, the Secretary must end the cooperative agreement, though the Secretary can ask Congress to suspend this rule in a major disaster or severe economy. Grants and loans require a written agreement where the Foundation agrees to follow federal spending and contracting rules, accept other Secretary conditions, and keep insurance on the Center at its own cost. The Secretary will oversee the work and approve plans, location, and design. The Foundation will run construction and hire architects, engineers, and builders under the federal rules. Before any money is made available, the Secretary must get a written assurance from the FAA Administrator that any easement for the Dulles Toll Road will include the noise limits of 52–54 dB (A‑weighted) and other standards from the Final Environmental Impact Statement issued in May of 1982, that these rules are legally enforceable by the FAA and the Secretary, and that Virginia will act quickly to meet the noise limits. The Secretary may also give reimbursable support services to the Foundation if asked.

Title 16, §284c

Conservation — Source: USLM XML via OLRC

(a)The Secretary is authorized to make available to the Foundation, in the form of a grant, $9,000,000 to be used for the reconstruction of the Center, subject to the provisions of this section. Such grant shall be made available in increments as needed for such purpose and only if the Foundation has agreed under terms and conditions satisfactory to the Secretary to provide, from non-Federal sources, sufficient contributions on a timely basis to complete the reconstruction of the Center.

(b)(1)The Secretary may make loans to the Foundation to the extent needed to complete the reconstruction of the Center and to provide for noise mitigation measures, including those on adjacent public property, in an amount equal to twice the amount of non-Federal contributions received, and provided, by the Foundation for such reconstruction work. The total amount of such loans may not exceed $8,000,000. Loans made under this subsection shall be repaid in full, with interest on any unpaid obligation at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketing obligations of the United States with remaining periods to maturity comparable to the maturity of the loan, plus such additional charge, if any, as the Secretary may determine, for the purpose of covering other costs of servicing the loan. In determining the terms and conditions governing any loan, the Secretary shall fix a term of not more than five years from the date the loan agreement is executed.

(2)(A)The term of the loans made pursuant to paragraph (1) which are outstanding on the effective date of this paragraph may not exceed the 25-year period beginning on such date. The remaining obligation of such loans shall be paid in equal annual installments, commencing June 1, 1991, except that for the first 3 payments, the payment shall be $215,000 each year. In addition, such payments (including the first 3 payments) may be reduced in any year by a credit not to exceed $60,000 annually. Such credit shall equal 100 percent of the market value of public service tickets determined at prevailing Foundation box office prices. Such credit shall be allowed only for tickets contributed to entities holding a status referred to in section 501(c)(3) of title 26.

(B)(i)Unpaid interest on such amount which accrued before the effective date of this paragraph is hereby forgiven.

(ii)Notwithstanding paragraph (1), there shall be no interest on the loan referred to in subparagraph (A) after the effective date of this paragraph if, within 120 days after such date, the Foundation modifies its agreement with the Secretary to implement this paragraph, paragraph (3), and section 284d(c)(4) of this title. If such agreement is not modified within the 120-day period, interest shall accrue from the effective date of this paragraph in accordance with paragraph (1).

(C)Notwithstanding any other provision of law, amounts paid to the Secretary pursuant to this paragraph may be retained until expended by the Secretary, in consultation with the Foundation, for the maintenance of structures, facilities, and equipment of the Park.

(D)The Secretary shall, within 120 days after the effective date of this paragraph, submit a payment schedule to the Foundation specifying the amount of each annual payment to be made by the Foundation pursuant to this paragraph.

(3)If the Foundation is in default on its obligations under this subsection for more than 60 consecutive days, the Secretary, acting in the public interest, shall terminate the cooperative agreement described in section 284d of this title. In the event of a major catastrophe or severe economic situation, the Secretary may submit to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a recommendation that this paragraph be temporarily suspended. In submitting such a request, the Secretary shall submit clear evidence of the financial status of the Foundation.

(c)No grants or loans may be made under this section unless the Secretary has entered into a written agreement with the Foundation under which the Foundation agrees—

(1)to expend all funds for the reconstruction of the Center (and for construction or reconstruction of any related structures or fixtures) only in accordance with circulars published by the Office of Management and Budget applicable to Federal grants to nonprofit organizations, and in accordance with the provisions of section 3141–3144, 3146, and 3147 of title 40;

(2)to comply with such other terms and conditions as the Secretary deems appropriate; and

(3)to maintain, during the term of the cooperative agreement described in section 284d of this title, and at the Foundation’s expense, insurance on the Center respecting such risks, in such amounts, and containing such terms and conditions, as are satisfactory to the Secretary.

(d)The Secretary shall be responsible for overseeing the reconstruction and shall have final approval over the plans for, and location and design of, the Center, and the Foundation shall be responsible for managing the construction activities, including the selection (in accordance with the requirements referred to in paragraphs (1) and (2) of subsection (c)) of persons to perform architectural, engineering, construction, and related services.

(e)No grants or loans may be made under this section unless the Secretary has received what the Secretary deems to be adequate written assurance from the Administrator of the Federal Aviation Administration that any easement granted to the Commonwealth of Virginia by the Administrator for construction of the Dulles Toll Road will contain noise standards (“A” weighted energy average sound level of 52 to 54 dB) and other standards set forth in the Final Environmental Impact Statement for the Dulles Airport Access Road Outer Parallel Toll Roads, prepared by the Federal Aviation Administration and issued in May of 1982, legally enforceable by the Administrator and by the Secretary which are adequate to protect the Center from undue noise pollution and other environmental degradation attributable to such toll road both during and after its construction, and will also contain legally enforceable assurances that the Commonwealth of Virginia will promptly take measures to achieve the noise levels specified in the easement. Such measures may include a partial or total ban on truck traffic on the toll road or other mitigation recommended by the Secretary and the Administrator.

(f)The Secretary may also provide support services, as requested by the Foundation, on a reimbursable basis, for purposes of reconstruction of the Center.

Notes & Related Subsidiaries

Editorial Notes

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For

Effective Date

of this paragraph, referred to in subsec. (b)(2)(A), (B), and (D), see

Effective Date

of 1990 Amendment note below. Codification “section 3141–3144, 3146, and 3147 of title 40” substituted in subsec. (c)(1) for “the Davis-Bacon Act (40 U.S.C. 276a–a7)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

2002—Subsec. (c). Pub. L. 107–219 realigned margin of last sentence of par. (3) so as to appear as concluding provisions, and in concluding provisions, substituted “funds” for “Funds”. 1994—Subsec. (b)(3). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”. 1990—Subsec. (b). Pub. L. 101–636 designated existing provisions as par. (1) and added pars. (2) and (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 Amendment section 4 of Pub. L. 101–636, as amended by Pub. L. 89–671, § 14(c), as added Pub. L. 107–219, § 1(a)(3), Aug. 21, 2002, 116 Stat. 1330, provided that: “(a) The

Amendments

made by section 1 and 2 [amending this section and section 284d of this title] shall take effect on the date on which the Wolf Trap Foundation for the Performing Arts modifies its agreements entered into pursuant to the Wolf Trap National Park for the Performing Arts Act [this subchapter] in a manner which is consistent with and takes into account the

Amendments

made by this Act [amending this section and section 284d of this title and enacting provisions set out as a note under section 284 of this title], as determined by the Secretary of the Interior. “(b) The amendment made by section 3 [enacting provisions set out as a note under section 284 of this title] shall take effect on the date of enactment of this Act [Nov. 28, 1990].” Increase in Loan Ceiling; Funds Reimbursed to Foundation To Be Repaid to Secretary Pub. L. 99–190, § 101(d) [title I], Dec. 19, 1985, 99 Stat. 1224, 1231, as amended by Pub. L. 89–671, § 14(c), as added Pub. L. 107–219, § 1(a)(3), Aug. 21, 2002, 116 Stat. 1330, provided: “That the loan ceiling established under section 4(b) of Public Law 97–310 [probably means Public Law 89–671], the Wolf Trap National Park for the Performing Arts Act, as amended [16 U.S.C. 284c(b)], is increased to $9,500,000. Notwithstanding the loan repayment provisions of Public Law 97–310 [enacting 16 U.S.C. 284c to 284j], the dollar amount of items paid for by the Wolf Trap Foundation from funds provided by the additional loan authority in this section that is subsequently reimbursed to the Foundation by a court award or insurance settlement shall be repaid to the Secretary of the Interior by the Wolf Trap Foundation within 90 days of the date of the court award or insurance settlement.”

§284c Financial Assistance for Reconstruction of Center

Summary

Title 16, §284c

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Effective Date

Effective Date

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Statutory Notes and Related Subsidiaries

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