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16 U.S.C. § 410cc–24Withholding of funds; criteria

submitted 48 years ago by Pub. L. 95-290 to r/title-16-CONSERVATION · 342 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can refuse to spend certain money on the park if Lowell fails to pass matching preservation rules, doesn't tell the Commission about relevant permits, or approves construction that conflicts with the preservation standards. The Secretary can also withhold funds if the Commission isn't making a good-faith effort to preserve the park.

The Secretary may refuse to spend money set aside under section 410cc–13(a)(1) or (a)(2) if the Secretary decides any of the following is true: (a) The city of Lowell has not passed regulations or laws that match the standards and criteria under section 410cc–32(e) within one year after those standards were set. The Secretary may give Lowell up to six more months if Lowell is making a good-faith effort. (b) Lowell has failed to tell the Commission about (1) applications for building permits or zoning variances on property listed in the index under section 410cc–32(d), or (2) any of Lowell's proposals to change the regulations described in paragraph (c)(1). (c)(1) Before Lowell has passed matching regulations, Lowell has granted a building permit, zoning variance, or taken other action on park or district property that the Secretary or the Commission considers inconsistent with the standards and criteria; or (2) after Lowell has passed those regulations, Lowell has granted a permit, variance, or taken other action that the Secretary or the Commission considers inconsistent with those regulations. (d) The Commission has not made a good-faith effort to (1) preserve, restore, manage, develop, or maintain park and district property, or (2) carry out the park preservation plan approved under section 410cc–32.
the actual law source: uscode.house.gov ↗public domain

The Secretary may refuse to obligate or expend any money appropriated for the purposes described in section 410cc–13(a)(1) or section 410cc–13(a)(2) of this title if the Secretary determines that—

(a)

the city of Lowell has failed to establish regulations or laws consistent with the standards and criteria established pursuant to section 410cc–32(e) of this title within one year after the date such standards and criteria have been established, except that the Secretary may extend such one-year period for not more than six months if the Secretary determines that the city has made a good faith effort to establish such regulations or laws;

(b)

the city of Lowell has failed to notify the Commission of (1) applications for building permits or zoning variances respecting any property which is included in the index established pursuant to section 410cc–32(d) of this title, or (2) any proposals of the city of Lowell to change the regulations or laws described in paragraph (c)(1) of this subsection;

(c)
(1)

during the period before the city of Lowell has established regulations or laws consistent with the standards and criteria established pursuant to section 410cc–32(e) of this title, the city of Lowell has granted any building permit or zoning variance or has taken any other action respecting any property within the park or preservation district, which either the Secretary or the Commission consider to be inconsistent with such standards and criteria;

(2)

after the city of Lowell has established the regulations or laws described in subparagraph (1) of this paragraph, the city of Lowell has granted any building permit or zoning variance or has taken any other action respecting any property within the park or preservation district, which either the Secretary or the Commission consider to be inconsistent with such regulations or laws; or

(d)

the Commission has not made good faith efforts to (1) provide for the preservation, restoration, management, development, or maintenance of property within the park and preservation district or (2) carry out the park preservation plan approved under section 410cc–32 of this title.

Source credit: (Pub. L. 95–290, title II, § 204, June 5, 1978, 92 Stat. 294.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-290 · 92 Stat. 294

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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