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16 U.S.C. § 410cc–22Acquisition of property

submitted 48 years ago by Pub. L. 95-290 to r/title-16-CONSERVATION · 602 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may buy specific historic properties in Lowell for the park, using donation, purchase, or condemnation as a last resort. The Secretary can also acquire other significant properties before the Commission's first meeting, and can trade land with Massachusetts, Lowell, or the University of Massachusetts.

(a) Specified property; manner of acquisition (1) The Secretary may acquire the properties listed in paragraph (2) — or any interest in them — by donation, purchase (with donated or appropriated money), condemnation, or another method. But if Massachusetts or one of its local governments owns the property, the Secretary can only get it by donation. Before starting condemnation, the Secretary must first make every reasonable effort to buy the property through negotiation, and must consult the Commission (if it exists) and the Lowell city council. (2) The properties the Secretary may acquire are: (A) The Linus Childs House, 63 Kirk Street. (B) The H and H Paper Company (also called Boott Mill Boarding House), 42 French Street. (C) Old City Hall, 226 Merrimack Street. (D) Merrimack Gatehouse, 269 Merrimack Street. (E) The Wannalancit Textile Company, 562 Suffolk Street. (F) The buildings holding the Jade Pagoda and Solomon's Yard Goods, 210 and 200 Merrimack Street. (G) Properties shown on the map named in section 410cc–11(a)(3): (i) 91 Pevey Street; (ii) part of 607 Middlesex Place; (iii) Eagle Court; (iv) part of 50 Payne Street; (v) 726 Broadway. (b) Other property; criteria for acquisition; manner of acquisition Until the Commission holds its first meeting, the Secretary may also acquire other property in the park or district — property not listed in subsection (a)(2) — if it meets one of these tests: (1) it's identified in the Lowell Historical Canal District Commission's report as worth preserving; (2) it's listed on the National Register of Historic Places; or (3) the Secretary decides it is nationally significant and would otherwise face demolition or major changes that don't fit this subchapter's purpose. This kind of property can only be acquired the same way as in subsection (a)(1). (c) Easements; manner of acquisition The Secretary may acquire easements within the park for this subchapter's purpose, using the same methods as subsection (a)(1). (d) Exchange of land or interest in land (1) The Secretary may trade park land for land owned by Massachusetts, Lowell, or the University of Massachusetts Building Authority. (2) Except as described in paragraph (3), these trades must follow the same rules, regulations, and policies that apply to other National Park Service land trades, plus any other terms the Secretary sets to protect the United States' interests. (3) If facilities or infrastructure needed to run the park sit on the federal land being traded, and the non-federal land is not of equal value, the Secretary must be paid cash to make up the difference. But the Secretary doesn't have to equalize the values if the land the federal government receives is worth more than the land it gives up.
the actual law source: uscode.house.gov ↗public domain
(a) Specified property; manner of acquisition
(1)

The Secretary is authorized to acquire the properties designated in paragraph (2) of this subsection, or any interest therein, by donation, purchase with donated or appropriated funds, condemnation, or otherwise. Any property or interest therein owned by the Commonwealth of Massachusetts or any political subdivision thereof may be acquired only by donation. The Secretary may initiate condemnation proceedings under this paragraph only after making every reasonable effort to acquire property through negotiations and purchase, and consulting with the Commission (if established) and the city council of Lowell.

(2)

The properties referred to in paragraph (1) of this subsection are the following:

(A)

The Linus Childs House, 63 Kirk Street.

(B)

The H and H Paper Company (commonly referred to as Boott Mill Boarding House), 42 French Street.

(C)

Old City Hall, 226 Merrimack Street.

(D)

Merrimack Gatehouse, 269 Merrimack Street.

(E)

The Wannalancit Textile Company, 562 Suffolk Street.

(F)

The structures containing the Jade Pagoda and Solomon’s Yard Goods, 210 and 200 Merrimack Street.

(G)

The properties shown on the map identified in section 410cc–11(a)(3) 1 of this title as follows:

(i)

91 Pevey Street.

(ii)

The portion of 607 Middlesex Place.

(iii)

Eagle Court.

(iv)

The portion of 50 Payne Street.

(v)

726 Broadway.

(b) Other property; criteria for acquisition; manner of acquisition

Until the date on which the Commission conducts its first meeting, the Secretary may acquire any property within the park or preservation district not designated in subsection (a)(2) of this section, or any interest therein, if such property—

(1)

is identified in the report of the Lowell Historical 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;

(2)

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

(3)

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 purposes of this subchapter unless acquired by the Secretary. Such property may be acquired only as provided in subsection (a)(1) of this section.

(c) Easements; manner of acquisition

The Secretary may acquire easements within the park for the purpose of carrying out this subchapter. Such easements may be acquired only as provided in subsection (a)(1) of this section.

(d) Exchange of land or interest in land
(1)

The Secretary may exchange any land or interest in land within the boundaries of the park for any land or interest in land owned by the Commonwealth of Massachusetts, the city of Lowell, or the University of Massachusetts Building Authority.

(2)

Except as provided in paragraph (3), an exchange under this subsection shall be subject to the laws, regulations, and policies applicable to exchanges of land administered by the National Park Service and any other terms and conditions that the Secretary determines to be necessary to protect the interests of the United States.

(3)

Where facilities or infrastructure required for the management and operation of the Lowell National Historical Park exists on the Federal land to be exchanged, and the non-Federal land or interest in land to be exchanged is not of equal value, the values shall be equalized by the payment of cash to the Secretary. The Secretary shall not be required to equalize the values of any exchange conducted under this subsection if the land or interest in land received by the Federal Government exceeds the value of the Federal land or interest in land exchanged.

Source credit: (Pub. L. 95–290, title II, § 202, June 5, 1978, 92 Stat. 293; Pub. L. 110–229, title III, § 312(2), May 8, 2008, 122 Stat. 769; Pub. L. 112–182, § 2, Oct. 5, 2012, 126 Stat. 1420.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-290 · 92 Stat. 293
  • 2008Amended · Pub. L. 110-229 · 122 Stat. 769
  • 2012Amended · Pub. L. 112-182 · 126 Stat. 1420

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-290 on 1978-06-05.

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