16 U.S.C. § 410cc–33: Financial and technical…

Summary

The Commission can lend money to the Lowell Development and Financial Corporation so the corporation can make low‑interest loans to preserve, restore, manage, or develop certain listed properties. Any loan to the corporation must be for 35 years. After 35 years the corporation must repay the full loan and any additional amounts it received under this plan in one lump sum to the Secretary of the Treasury to be placed in the Treasury’s general fund, except for money the corporation reasonably spent on administrative costs. The corporation may use the Commission’s money and any interest only to make the low‑interest loans allowed here and to cover reasonable costs of running the loan program or getting guarantees or insurance. The corporation must obligate the full amount (minus allowed admin costs) within five years and must re‑lend repayments as they come in. Before approving any low‑interest loan to a borrower, the corporation must get a written statement from the Commission saying the loan will be used consistent with the park standards and park plan goals. The corporation may approve loans only if the borrower has that statement, can repay the loan, and meets the corporation’s credit rules. The Commission or its designee must audit the loan accounts at least once every two years and may demand full repayment of the Commission’s loan to the corporation if, after a hearing, the corporation is found to have seriously failed to follow these rules. The Commission may also give grants to owners of the listed properties for preservation, restoration, management, development, or maintenance, and— with the Secretary’s approval—may give grants to people or organizations for educational or cultural programs or for needed planning, transportation, or maintenance services. Grants must have written agreements saying the amount, payment schedule, purpose, and any conditions, and the Commission can recover money used inconsistently with those agreements. The Commission, with the Secretary’s advice, may offer technical help to property owners (for repairs, improvements, or loan applications) and to other people or groups working toward the subchapter’s goals. The Commission must give the Secretary any accounts, financial records, or other information about these loans and grants on request.

Title 16, §410cc–33

Conservation, Source: USLM XML via OLRC

(a)Loans to Lowell Development and Financial Corporation for loans for preservation, etc., of property; terms of loan agreement with corporation; determination of compliance by corporation with requirements for loans; repayment by corporation

The Commission may make loans to the Lowell Development and Financial Corporation (established under chapter 844 of the Massachusetts General Laws and hereinafter referred to as the “corporation”) to enable the corporation to provide low interest loans for the preservation, restoration, or development of any property described in section 410cc–32(d)(1) of this title. The Commission may make any such loan to the corporation only after entering into a loan agreement with the corporation which includes the following terms:

(1)The loan to the corporation shall have a maturity of thirty-five 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 those amounts expended by the corporation for reasonable administrative expenses.

(2)The money received from the Commission, and any interest earned on such money, may be obligated by the corporation only for low interest loans made under paragraphs (6) and (7) of this subsection, except that the corporation may use such money to the extent the Commission considers reasonable to satisfy the costs of the corporation in administering the loan or procuring loan guarantees or insurance.

(3)Within five years after receiving the loan from the Commission, the corporation shall make loans under paragraphs (6) and (7) of this subsection which, in the aggregate, obligate the full amount of money received from the Commission (minus any amount required to satisfy the costs described in paragraph (2) of this subsection).

(4)As loans made under paragraphs (6) and (7) of this subsection are repaid, the corporation shall make additional loans under such paragraphs with the money made available for obligation by such repayments.

(5)The corporation shall make available to the Commission and to the Secretary, upon request, all accounts, financial records, and other information related to loans made under paragraphs (6) and (7) of this subsection.

(6)Before the corporation approves any application for a low interest loan for which money has been made available to the corporation by the Commission, the corporation shall require the prospective borrower to furnish the corporation with a statement from the Commission stating that the Commission has reviewed the application and has determined that any loan received by the prospective borrower will be spent in a manner consistent with—

(A)the standards and criteria established pursuant to section 410cc–32(e) of this title, and

(B)the goals of the park preservation plan approved under section 410cc–32(a) of this title.

(7)The corporation may approve any application for a low interest loan which meets the terms and conditions prescribed by the corporation with the approval of the Commission and for which money has been made available to the corporation by the Commission if—

(A)the prospective borrower furnishes the corporation with the statement described in paragraph (6) of this subsection;

(B)the corporation determines that such borrower has sufficient financial resources to repay the loan; and

(C)such borrower satisfies any other applicable credit criteria established by the corporation.

In order to determine whether the corporation has complied with this subsection, the Commission, or such other appropriate person or entity as the Commission may designate, shall conduct an audit at least once every two years of all accounts, financial records, and other information related to loans made under paragraphs (6) and (7) of this subsection. If the Commission determines, after conducting a hearing on the record, that the corporation has substantially failed to comply with this subsection, the outstanding balance of any loan made to the corporation under this subsection shall become payable in full upon the demand of the Commission.

(b)Grants to property owners for preservation, etc., of property; grants to persons or public or private entities for educational and cultural programs or for necessary services; terms of grant agreements; recovery of amounts for inconsistent uses

(1)The Commission may make grants to owners of property described in section 410cc–32(d)(1) of this title for the preservation, restoration, management, development, or maintenance of such property in a manner consistent with the standards and criteria established pursuant to section 410cc–32(e) of this title.

(2)The Commission, with the approval of the Secretary, may make grants to any person or any public or private entity to provide for (i) educational and cultural programs which encourage appreciation of the resources of the park and preservation district, or (ii) any planning, transportation, maintenance, or other services the Commission considers necessary to carry out the purposes of this subchapter.

(3)Grants under this subsection shall be made under agreements which specify the amount of the grant, the installments (if any) by which the grant shall be paid to the grant recipient, the purpose for which the grant may be used, and any other condition the Commission considers appropriate. The Commission shall be entitled, under the terms of any grant agreement, to recover from the recipient any funds used in a manner inconsistent with such grant agreement.

(c)Technical assistance to property owners, etc.

The Commission with the advice of the Secretary may provide technical assistance to—

(1)owners of property within the park or preservation district to assist such owners in (A) making repairs to or improvements in any property included in the index established pursuant to section 410cc–32(d) of this title, or (B) applying for loans under subsection (a) of this section; and

(2)any other person or public or private entity to assist such person or entity in taking actions consistent with the purpose of this subchapter.

(d)Availability to Secretary of all accounts, financial records, and other information relating to loans and grants

The Commission shall make available to the Secretary, upon request, all accounts, financial records, and other information of the Commission relating to grants and loans made under this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Subsec. (e) of this section, which required the Secretary to make an annual report to Congress describing the loans, grants, and technical assistance provided under this section and under section 410cc–23 of this title, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 108 of House Document No. 103–7.

§410cc–33 Financial and Technical Assistance

Summary

Title 16, §410cc–33

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata