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16 U.S.C. § 410cc–31Lowell Historic Preservation Commission

submitted 48 years ago by Pub. L. 95-290 to r/title-16-CONSERVATION · 817 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates the 15-member Lowell Historic Preservation Commission inside the Department of the Interior, appointed by the Secretary from various local, state, and federal recommendations. Members generally serve two-year terms, get paid $100 a day for their work, and the Commission itself ends 17 years after June 5, 1978.

(a) Establishment and administrative role; composition of membership This section creates the Lowell Historic Preservation Commission inside the Department of the Interior. The Commission runs the preservation district and provides some services in the park. It has 15 members, all appointed by the Secretary: (1) three members who sit on the Lowell city council, recommended by the mayor; (2) three members recommended by the Lowell city manager who represent labor, business, neighborhoods, and cultural groups, and who are not elected officials; (3) one member recommended by the president of the University of Lowell; (4) three members recommended by the Governor of Massachusetts; (5) one member recommended by the Secretary of Commerce, who must work for the Department of Commerce; (6) one member recommended by the Secretary of Transportation, who must work for the Department of Transportation; (7) one member recommended by the Secretary of Housing and Urban Development, who must work for that department; and (8) two members who know the Department of the Interior's national park and historic preservation programs and who work for the Department of the Interior. (b) Continuation of status as appointed member for member leaving government office or becoming elected official If a member appointed under (a)(1) or (a)(4) as a city council member leaves that office, or if a member who wasn't an elected official becomes one, that person can stay on the Commission for up to 30 days after the change. (c) Terms of office and reappointment of members (1) Except as described in paragraph (2), members serve two-year terms. A member can be reappointed up to three times — or up to four times if they were originally appointed to fill a vacancy under subsection (e)(1). (2) Some of the first members get three-year terms instead: (A) the members appointed under paragraphs (2), (3), and (8); and (B) one member appointed under paragraph (4), chosen by the Secretary based on the Governor's recommendation. (d) Chairman; election by members; term of office The Commission's members elect their own chairman, who serves a two-year term. (e) Vacancies; appointment and term of office; service after expiration of term (1) A vacancy is filled the same way the original appointment was made. (2) A member appointed to fill a vacancy serves out the rest of that term. Any member may keep serving after their term ends until a successor is appointed. (f) Quorum and holding of hearings Eight members make a quorum, but fewer members can still hold hearings. (g) Meetings The Commission must meet at least once a month, called by the chairman or a majority of members. (h) Compensation; travel expenses and per diem (1) Except as described in paragraph (2), members get $100 for each day (including travel time) they spend on Commission work. (2) Members who are already full-time federal, Lowell, or Massachusetts employees get no extra pay for Commission service. (3) When away from home for Commission work, members get travel expenses and a per diem, the same as other government employees who work intermittently, under section 5703 of title 5. (i) Termination The Commission stops existing 17 years after June 5, 1978.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment and administrative role; composition of membership

There is established within the Department of the Interior a commission to be known as the Lowell Historic Preservation Commission which shall administer the preservation district and provide certain services within the park in accordance with this part. The Commission shall consist of fifteen members appointed by the Secretary as follows:

(1)

Three members who are members of the city council of Lowell, appointed from recommendations made by the mayor of Lowell.

(2)

Three members appointed from recommendations made by the city manager of Lowell of persons who are representative of organized labor, the business community, local neighborhoods, and cultural institutions, and who are not elected officials.

(3)

One member appointed from recommendations made by the president of the University of Lowell.

(4)

Three members appointed from recommendations made by the Governor of the Commonwealth of Massachusetts.

(5)

One member appointed from recommendations made by the Secretary of Commerce and who shall be an employee of the Department of Commerce.

(6)

One member appointed from recommendations made by the Secretary of Transportation and who shall be an employee of the Department of Transportation.

(7)

One member appointed from recommendations made by the Secretary of Housing and Urban Development and who shall be an employee of the Department of Housing and Urban Development.

(8)

Two members who are qualified to serve on the Commission because of their familiarity with programs of the Department of the Interior involving national parks and historic preservation and who shall be an employee of the Department of the Interior.

(b) Continuation of status as appointed member for member leaving government office or becoming elected official of government; duration

If any member of the Commission who was appointed to the Commission under paragraph (1) or (4) of subsection (a) of this section as a member of the city council of Lowell or any other government leaves that office, or if any member of the Commission who was appointed from persons who are not elected officials of any government becomes an elected official of a government, such person may continue as a member of the Commission for not longer than the thirty-day period beginning on the date such person leaves that office or becomes such an elected official, as the case may be.

(c) Terms of office and reappointment of members
(1)

Except as provided in paragraph (2) of this subsection, members shall be appointed for terms of two years. A member may be reappointed only three times unless such member was originally appointed to fill a vacancy pursuant to subsection (e)(1) of this section, in which case such member may be reappointed four times.

(2)

Of the members first appointed pursuant to subsection (a) of this section, the following shall be appointed for terms of three years:

(A)

The members appointed pursuant to paragraphs (2), (3), and (8) of such subsection.

(B)

One of the members appointed pursuant to paragraph (4) of such subsection, as designated by the Secretary at the time of appointment upon recommendation of the Governor.

(d) Chairman; election by members; term of office

The chairman of the Commission shall be elected by the members of the Commission. The term of the chairman shall be two years.

(e) Vacancies; appointment and term of office; service after expiration of term
(1)

Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made.

(2)

Any member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed. Any member may serve after the expiration of his term until his successor is appointed.

(f) Quorum and holding of hearings

Eight members of the Commission shall constitute a quorum, but a lesser number may hold hearings.

(g) Meetings

The Commission shall meet at least once each month, at the call of the chairman or a majority of its members.

(h) Compensation; travel expenses and per diem
(1)

Except as provided in paragraph (2) of this subsection, members of the Commission shall each be entitled to receive $100 for each day (including travel time) during which they are engaged in the performance of the duties of the Commission.

(2)

Members of the Commission who are full-time officers or employees of the United States, the city of Lowell, or the Commonwealth of Massachusetts shall receive no additional pay on account of their service on the Commission.

(3)

While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5.

(i) Termination

The Commission established pursuant to this subchapter shall cease to exist seventeen years from June 5, 1978.

Source credit: (Pub. L. 95–290, title III, § 301, June 5, 1978, 92 Stat. 295; Pub. L. 100–134, § 1(2), (3), Oct. 16, 1987, 101 Stat. 810.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-290 · 92 Stat. 295
  • 1987Amended · Pub. L. 100-134 · 101 Stat. 810

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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