16 U.S.C. § 410cc–32 — Park preservation plan and index

submitted 48 years ago by Pub. L. 95-290 to r/title-16-CONSERVATION · 1,347 words · no verdicts yet

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The Lowell Historic Preservation Commission must write a park preservation plan and get the Secretary of the Interior's approval, following set steps and deadlines. The plan must cover named historic properties, funding programs, transportation, and education. The Commission must also build an index of significant properties and set construction standards for the park and district.

(a) Submission by Commission and approval or disapproval by Secretary of draft and final plans; procedures applicable; revisions in approved plan (1) Within one year after the Commission's first meeting, it must send the Secretary a draft park preservation plan meeting subsection (c)'s requirements. Within 90 days, the Secretary must review it and suggest changes. (2) Within 18 months after the first meeting, the Commission must send the Secretary a full plan meeting subsection (c). Within 90 days, the Secretary must approve or disapprove it. The Secretary can only approve it if convinced it will properly carry out this subchapter's purpose. (3) If the Secretary disapproves the plan, the Secretary must explain why and recommend changes. The Commission must then send a revised plan within a period the Secretary sets, and the Secretary reviews it the same way as the original. (4) If the Secretary approves the plan, the Secretary must publish notice of approval in the Federal Register and send copies to Congress. (5) Any plan or draft plan sent to the Secretary is available to the public on request. (6) Only minor revisions can be made to an approved plan without the Secretary's approval. Any bigger proposed change goes through the same approval process as the original plan. (b) Funding availability and requirements for plan implementation, activities, etc. (1) Except as described in paragraph (2), the Secretary cannot give the Commission money for sections 410cc–33 or 410cc–34 until a park preservation plan is approved. (2) Before a plan is approved, the Secretary may still give the Commission money for activities listed in paragraph (3), but only if the Secretary reviews and approves a proposal describing the activity first. (3) The Commission may ask the Secretary for money to (A) preserve, restore, manage, develop, or maintain property identified in subsection (c)(1); (B) give emergency help to owners of nationally or culturally significant property; or (C) acquire property under section 410cc–34 that (i) is identified in the Lowell Historical Canal District Commission's report, (ii) is on the National Register of Historic Places, or (iii) the Secretary decides is nationally significant and otherwise faces demolition or major changes inconsistent with this subchapter. (c) Requirements for plan Any plan sent to the Secretary must: (1) describe how the Commission will preserve, restore, manage, develop, or maintain these named properties, following the Lowell Historic Canal District Commission's report as much as practical: (A) the Welles Block, 169 Merrimack Street; (B) the Jordan Marsh Company Building, 153 Merrimack Street and 15 Kirk Street; (C) the Yorick Club, 91 Dutton Street; (D) the Lowell Gas Light Company, 22 Shattuck Street; (E) St. Anne's Church and Rectory, 237 Merrimack Street; (F) Lowell Institution for Savings, 18 Shattuck Street; (G) the Ahepa Building, 31 Kirk Street; (H) Boott Mill, Foot of John Street; (I) Lowell Manufacturing Company on Market Street; and (J) the Early Residence, 45, 47, and 49 Kirk Street; (2) identify properties in the index built under subsection (d); (3) identify properties the Commission plans to acquire under section 410cc–34 and how it will use them; (4) include the standards and criteria set under subsection (e); (5) describe in detail how the Commission plans to run the grant and loan programs under section 410cc–33, including estimated grant amounts and how grants will be awarded; (6) set up a transportation program giving park and district visitors transportation services and facilities — directly or through agreements — including barges, docking, and local rail; (7) provide educational and cultural programs to help people appreciate the park and district's resources; and (8) include a tentative budget for the next five years. (d) Establishment and contents of index; modification of index Within one year after its first meeting, the Commission must build an index listing: (1) any property in the park or district (except property listed in section 410cc–21(a)(2)) that should be preserved, restored, managed, developed, maintained, or acquired because of its national historic or cultural importance; and (2) any property that should be preserved, restored, managed, developed, or maintained to fit this subchapter's purpose because it's near (A) property listed under paragraph (1), or (B) property listed in section 410cc–21(a)(2). The index can only be changed by a majority vote of Commission members at a meeting with a quorum present. (e) Standards and criteria for construction, preservation, etc. (1) The Commission must set standards and criteria for construction, preservation, restoration, alteration, and use of property in the preservation district, with advice from Massachusetts and the Secretary, and with the Lowell city manager's consent. (2) The Commission must set the same kind of standards for property in the park, with advice from Massachusetts and the Lowell city manager, subject to the Secretary's review and approval. (3) The Commission must set these standards within one year after its first meeting. They can be revised the same way they were created. (4) The Secretary must publish the standards and criteria, and any revisions, in the Federal Register.

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

(a) Submission by Commission and approval or disapproval by Secretary of draft and final plans; procedures applicable; revisions in approved plan

(1)

Within one year after the date on which the Commission conducts its first meeting, the Commission shall submit to the Secretary a draft park preservation plan meeting the requirements of subsection (c) of this section. The Secretary shall review the draft park preservation plan and, within ninety days after the date on which such plan is submitted to the Secretary, suggest appropriate changes in such plan to the Commission.

(2)

Within eighteen months after the date on which the Commission conducts its first meeting, the Commission shall submit to the Secretary a park preservation plan which meets the requirements of subsection (c) of this section. The Secretary shall, within ninety days after the date on which such plan is submitted to the Secretary, approve or disapprove such plan. The Secretary may not approve such plan unless the Secretary determines that such plan would adequately carry out the purpose of this subchapter.

(3)

If the Secretary disapproves a park preservation plan, the Secretary shall advise the Commission of the reasons for such disapproval together with the recommendations of the Secretary for revision of such plan. Within such period as the Secretary may designate, the Commission shall submit a revised park preservation plan to the Secretary. The Secretary shall approve or disapprove any revised park preservation plan in the same manner as required in paragraph (2) of this subsection for the approval or disapproval of the original park preservation plan.

(4)

If the Secretary approves a park preservation plan, the Secretary shall publish notice of such approval in the Federal Register and shall forward copies of the approved plan to the Congress.

(5)

Any park preservation plan or draft plan submitted to the Secretary under this subsection shall, upon request, be available to the public.

(6)

No changes other than minor revisions may be made in the approved park preservation plan without the approval of the Secretary. The Secretary shall approve or disapprove any proposed change in the approved park preservation plan, except minor revisions in the same manner as required in paragraph (2) of this subsection for the approval or disapproval of the original park preservation plan.

(b) Funding availability and requirements for plan implementation, activities, etc.

(1)

Except as provided in paragraph (2) of this subsection, the Secretary shall not make any funds available to the Commission to carry out section 410cc–33 or 410cc–34 of this title until a park preservation plan has been approved under subsection (a) of this section.

(2)

Before a park preservation plan is approved under subsection (a) of this section, the Secretary may make available to the Commission such funds as the Commission may request to carry out any activity specified in paragraph (3) of this section. However, no funds shall be made available under this paragraph unless a proposal describing such activity is reviewed and approved by the Secretary.

(3)

The Commission may request funds from the Secretary to—

(A)

carry out activities to preserve, restore, manage, develop, or maintain any property identified in subsection (c)(1) of this section;

(B)

take any action the Commission considers necessary to provide owners of property with national historical or cultural significance within the park or preservation district with emergency assistance for the purpose of preserving and protecting their property in a manner consistent with the purpose of this subchapter; or

(C)

acquire in accordance with section 410cc–34 of this title, any property within the park which—

(i)

is identified in the report of the Lowell Historic 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;

(ii)

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

(iii)

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 purpose of this subchapter unless acquired by the Commission.

Any plan submitted to the Secretary under subsection (a) of this section shall—

(1)

describe the manner in which the Commission, to the extent practicable in accordance with the recommendations in the report of the Lowell Historic Canal District Commission, proposes to provide for the preservation, restoration, management, development, or maintenance of—

(A)

the Welles Block, 169 Merrimack Street;

(B)

the Jordan Marsh Company Building, 153 Merrimack Street and 15 Kirk Street;

(C)

the Yorick Club, 91 Dutton Street;

(D)

the Lowell Gas Light Company, 22 Shattuck Street;

(E)

St. Anne’s Church and Rectory, 237 Merrimack Street;

(F)

Lowell Institution for Savings, 18 Shattuck Street;

(G)

the Ahepa Building, 31 Kirk Street;

(H)

Boott Mill, Foot of John Street;

(I)

Lowell Manufacturing Company on Market Street; and

(J)

the structure commonly referred to as the Early Residence, 45, 47, and 49 Kirk Street;

(2)

identify the properties included in the index established pursuant to subsection (d) of this section;

(3)

identify the properties which the Commission intends to acquire under section 410cc–34 of this title and specify how such properties shall be used;

(4)

include the standards and criteria established pursuant to subsection (e) of this section;

(5)

provide a detailed description of the manner in which the Commission intends to implement the grant and loan programs under section 410cc–33 of this title, including information relating to the estimated amount of such grants and the manner in which such grants shall be awarded by the Commission;

(6)

provide for a transportation program by which the Commission shall provide, directly or by agreement with any person or any public or private entity, transportation services and facilities for park and preservation district visitors, including barge equipment, docking facilities, and local rail facilities;

(7)

provide for educational and cultural programs to encourage appreciation of the resources of the park and preservation district; and

(8)

include a tentative budget for the subsequent five fiscal years.

(d) Establishment and contents of index; modification of index

The Commission shall establish, within one year after the date on which the Commission conducts its first meeting, an index which includes—

(1)

any property in the park or preservation district (except for any property identified in section 410cc–21(a)(2) of this title) which should be preserved, restored, managed, developed, maintained, or acquired by the Commission because of its national historic or cultural significance; and

(2)

any property which should be preserved, restored, managed, developed, or maintained in a manner compatible with the purpose of this subchapter because of its proximity to (A) any property referred to in paragraph (1) of this subsection, or (B) any property designated in section 410cc–21(a)(2) of this title.

The index may be modified only by a majority vote of the members of the Commission, taken when a quorum is present.

(e) Standards and criteria for construction, preservation, etc., of properties within preservation district and park; authorization; establishment; revisions; publication in Federal Register

(1)

The Commission shall establish standards and criteria applicable to the construction, preservation, restoration, alteration, and use of all properties within the preservation district with the advice of the Commonwealth of Massachusetts and of the Secretary, and the consent of the city manager of Lowell.

(2)

The Commission shall establish the standards and criteria described in paragraph (1) of this subsection for any property within the park with the advice of the Commonwealth of Massachusetts and the city manager of Lowell and subject to the review and approval of the Secretary.

(3)

The Commission shall establish standards and criteria under paragraphs (1) and (2) of this subsection within one year after the date on which the Commission conducts its first meeting. Such standards and criteria may be revised in the same manner in which they were originally established.

(4)

The Secretary shall publish the standards and criteria established under paragraphs (1) and (2) of this subsection, and any revisions thereof, in the Federal Register.

Source credit: (Pub. L. 95–290, title III, § 302, June 5, 1978, 92 Stat. 297.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-290 · 92 Stat. 297

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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