16 U.S.C. § 284c — Financial assistance for reconstruction of Center

submitted 44 years ago by Pub. L. 89-671 to r/title-16-CONSERVATION · 1,148 words · no verdicts yet

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The Secretary of the Interior may grant the Wolf Trap Foundation $9 million to rebuild the Filene Center. The Secretary may also loan it up to $8 million, if the Foundation raises matching private funds. Both come with strict conditions on insurance, oversight, noise limits, and repayment.

(a) Grants to Foundation. The Secretary can give the Wolf Trap Foundation a grant of up to $9,000,000 to rebuild the Filene Center. The money is paid out in pieces, as needed. The Foundation must first promise, on terms the Secretary accepts, to raise enough private (non-federal) money on time to finish the rebuilding. (b) Loans to Foundation. (1) The Secretary can also loan the Foundation money to finish the rebuild and to reduce noise, including on nearby public land. The loan amount can be twice what the Foundation has raised from private sources, but the total of all such loans cannot pass $8,000,000. The Foundation must repay the loan in full. Interest is set by the Secretary of the Treasury, based on what similar U.S. government bonds are paying, plus an extra amount the Secretary can add to cover the cost of servicing the loan. Any loan must be repaid within 5 years of signing. (2) For loans still unpaid when this paragraph took effect: (A) Those loans get up to 25 years total to be repaid, in equal yearly payments starting June 1, 1991, except the first 3 payments are fixed at $215,000 each. Each payment (including the first 3) can be cut by up to $60,000 a year. That cut equals the full box-office value of tickets the Foundation gives away to 501(c)(3) tax-exempt groups. (B) Interest that built up before this paragraph took effect is forgiven. Going forward, there is no interest at all if, within 120 days, the Foundation updates its agreement with the Secretary to follow this paragraph, paragraph (3), and section 284d(c)(4). If the Foundation doesn't update the agreement in time, interest starts building again under the normal paragraph (1) rules. (C) The Secretary can keep and spend any payments received under this paragraph — working with the Foundation — to maintain the Park's buildings, facilities, and equipment. (D) Within 120 days, the Secretary must send the Foundation a schedule showing exactly what each yearly payment will be. (3) If the Foundation fails to pay for more than 60 days straight, the Secretary must end the cooperative agreement described in section 284d. In a major disaster or severe economic downturn, the Secretary may ask two congressional committees to temporarily pause this rule, but must show clear proof of the Foundation's financial situation when asking. (c) Written agreement required. No grant or loan can be made unless the Foundation signs a written agreement promising to: (1) spend all funds strictly according to federal nonprofit-grant rules and specific labor-law sections of title 40; (2) follow any other terms the Secretary sets; and (3) keep insurance on the Center, at the Foundation's own expense, on terms the Secretary approves. Any repairs paid for with insurance money need the Secretary's approval too. (d) Oversight and construction roles. The Secretary oversees the rebuilding and has final say over the plans, location, and design of the Center. The Foundation manages the actual construction work, including picking the architects, engineers, and contractors — following the rules set out in subsection (c). (e) Noise standards for the nearby toll road. No grant or loan can be made unless the Secretary gets written assurance from the FAA that any easement for the Dulles Toll Road includes noise limits (52 to 54 decibels, A-weighted) and other standards from a 1982 environmental study — and that these standards can be legally enforced by the FAA and the Secretary. Virginia must also promise to act quickly to meet these noise levels, which could include banning trucks from the toll road or other steps the Secretary and FAA recommend. (f) Support services. The Secretary may also give the Foundation extra support services for the rebuilding, if the Foundation asks and pays the Secretary back for them.

the actual law source: uscode.house.gov ↗public domain

(a) Grants to Foundation; amount; non-Federal contributions

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) Loans to Foundation; amount; limitation; repayment; interest; service costs; term

(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.

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 sections 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.

Any repairs or reconstruction carried out with funds obtained from the receipt of the proceeds of any such insurance shall be subject to the approval of the Secretary.

(d) Oversight and approval duties of Secretary; construction management duties of Foundation

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) Easement noise and other standards; enforcement measures

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) Support services on reimbursable basis

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

Source credit: (Pub. L. 89–671, § 4, as added Pub. L. 97–310, Oct. 14, 1982, 96 Stat. 1455; amended Pub. L. 101–636, § 1, Nov. 28, 1990, 104 Stat. 4586; Pub. L. 103–437, § 6(d)(8), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 107–219, § 2, Aug. 21, 2002, 116 Stat. 1330.)

history & why it existsrecord from the source credit

1982Enacted · Pub. L. 89-671 · 96 Stat. 1455
1990Amended · Pub. L. 101-636 · 104 Stat. 4586
1994Amended · Pub. L. 103-437 · 108 Stat. 4583
2002Amended · Pub. L. 107-219 · 116 Stat. 1330

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-671 on 1982-10-14.

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