16 U.S.C. § 410cc–32: Park preservation plan…

Summary

The Commission must write and turn in a park preservation plan and a list of important properties (an index), and follow set deadlines and review steps for approval, funding, and rules for work. The Commission must send a draft plan within one year of its first meeting. The Secretary will suggest changes within 90 days. The Commission must send a final plan within 18 months. The Secretary must approve or reject that plan within 90 days and can only approve it if it will carry out the law’s purpose. If the Secretary rejects the plan, the Secretary will explain why and suggest fixes. The Commission must resubmit the plan in the time the Secretary sets, and the Secretary will review changes the same way. If approved, the Secretary will publish the approval in the Federal Register and send copies to Congress. Plans or drafts must be made public on request. Major changes to an approved plan need the Secretary’s OK. The law limits money until a plan is approved, but the Secretary may provide some funds earlier for approved activities. The Commission can ask for money to preserve, restore, manage, develop, or maintain listed historic properties; give emergency help to owners of nationally important property in the park; or buy properties that the Commission’s report identifies, that are on the National Register, or that the Secretary says are nationally significant and are in danger of demolition or harmful change. The plan must describe how the Commission will work on specific historic buildings (ten named sites are included), list the index properties, say which properties it plans to buy and how they will be used, include preservation standards and criteria, explain grant and loan programs with estimated amounts and how awards will be made, set up a transportation program (including barges, docks, local rail), provide educational and cultural programs, and include a tentative budget for the next five years. The Commission must create the index and the standards within one year of its first meeting. The index can only be changed by a majority vote when a quorum is present, and the Secretary will publish the standards and any revisions in the Federal Register.

Title 16, §410cc–32

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(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 chapter 3021 and section 320102(c) of title 54; 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.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b)(3)(C)(ii), “chapter 3021 and section 320102(c) of title 54” substituted for “section 101(a) of the Act entitled ‘An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes’, approved

October 15, 1966 (16 U.S.C. 470a), and section 2(b) of the Act entitled ‘An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes’, approved

August 21, 1935 (16 U.S.C. 462)” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

§410cc–32 Park Preservation Plan and Index

Summary

Title 16, §410cc–32

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata