[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4448 Received in Senate (RDS)]

103d CONGRESS
  2d Session
                                H. R. 4448


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 27 (legislative day, September 12), 1994

                                Received

_______________________________________________________________________

                                 AN ACT


 
To amend the Act establishing Lowell National Historical Park, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENTS.

    The Act entitled ``An Act to provide for the establishment of the 
Lowell National Historical Park in the Commonwealth of Massachusetts, 
and for other purposes'' approved June 5, 1978 (92 Stat. 290; 16 U.S.C. 
410cc et seq.), is amended as follows:
            (1) In section 103(a)(2), by striking ``$33,600,000'' and 
        inserting ``$43,930,000''. The amendment made by this paragraph 
        shall take effect on October 1, 1994.
            (2) In section 203, by adding at the end thereof the 
        following new subsection:
    ``(c) Loan and Grant Agreements.--Upon termination of the 
Commission, the Secretary, acting through the National Park Service, 
shall assume all responsibilities of the Commission for administration 
and oversight of the loan and grant agreements under section 303.''.
            (3) In section 205, by adding at the end thereof the 
        following new subsection:
    ``(e) Leasing Authority.--(1) In addition to other available 
authorities, the Secretary may, in his discretion, negotiate and enter 
into leases, as appropriate, with any person, firm, association, 
organization, corporation or governmental entity for the use of any 
property within the Park and Preservation District in accordance with 
the General Management Plan and any of the purposes set forth in 
section 1 of this Act.
    ``(2) Any leases entered into under this subsection shall be 
subject to such procedures, terms, conditions and restrictions as the 
Secretary deems necessary. The Secretary is authorized to negotiate and 
enter into leases or other agreements, at fair market value and without 
regard to section 321 of chapter 314 of the Act of June 30, 1932 (40 
U.S.C. 303b). For purposes of any such lease or other agreements, the 
Secretary may adjust the rental by taking into account any amounts to 
be expended by the lessee for preservation, maintenance, restoration, 
improvement, repair and related expenses with respect to the leased 
properties.
    ``(3) Surplus proceeds from leases entered into under section 111 
of the National Historic Preservation Act (16 U.S.C. 470h-3) with 
respect to property in the Park and Preservation District, and all 
proceeds from all other leases entered into under this subsection, 
shall be retained by the Secretary, remain available until expended, 
and, subject to appropriation, be used to offset the costs of 
preservation, interpretation, restoration, maintenance, improvement, 
repair, and related expenses, including administration related to such 
expenses, incurred by the Secretary with respect to properties within 
the Park and Preservation District, with the balance used to offset 
other costs incurred by the Secretary in the administration of the 
Park.
    ``(4) Each lessee of a lease entered into under this subsection 
shall keep such records as the Secretary may prescribe to enable the 
Secretary to determine that all terms of the lease have been, and are 
being, faithfully performed.
    ``(5) The Secretary shall annually prepare and submit to Congress a 
report on property leased under this subsection.''.
            (4) In section 301(i), by striking ``seventeen'' and 
        inserting ``22''.
            (5) In section 303(a), by amending paragraph (1) to read as 
        follows:
            ``(1) The loan to the corporation shall have a maturity of 
        35 years. At the end of such period, the corporation shall 
        repay to the Secretary of the Treasury (in a lump sum) for 
        deposit in the general fund of the Treasury the full amount of 
        the loan and any additional amounts accruing to the corporation 
        pursuant to this subsection excepting principal and interest 
        losses occasioned by loan defaults after all reasonable efforts 
        at collection have been completed plus those amounts expended 
        by the Corporation for reasonable administrative expenses. The 
        Commission is further authorized to renegotiate the terms and 
        conditions respecting loan repayment of the agreement dated 
        December 8, 1980, with the Lowell Development and Financial 
        Corporation. The authority provided in this paragraph shall be 
        available only to the extent that appropriations for a subsidy 
        cost, as defined in section 502 of the Congressional Budget Act 
        of 1974, are made in advance.''.
            (6) In section 305(g), by inserting before the period at 
        the end thereof ``for administration by the National Park 
        Service in accordance with the general management plan''.
            (7) By adding after section 307 the following:

``SEC. 308. ADVISORY COMMITTEE.

    ``(a) Establishment of Advisory Committee.--Upon the termination of 
the Commission, the Secretary shall establish a committee to be known 
as the Lowell National Historical Park Advisory Committee (hereinafter 
in this section referred to as the `Advisory Committee').
    ``(b) Membership.--The Advisory Committee shall be composed of 15 
members appointed by the Secretary.
    ``(c) Chairperson.--The Advisory Committee shall designate one of 
its members as Chairperson.
    ``(d) Quorum.--Eight members of the Advisory Committee shall 
constitute a quorum. The Advisory Committee shall act and advise by 
affirmative vote of a majority of the members voting at a meeting at 
which a quorum is present. The Advisory Committee shall meet on a 
regular basis. Notice of meetings and agenda shall be published in 
local newspapers which have a distribution which generally covers the 
area affected by the park and preservation district. Advisory Committee 
meetings shall be held at locations and in such a manner as to ensure 
adequate public involvement.
    ``(e) Functions.--The Advisory Committee shall advise the Secretary 
on the operation, maintenance, development, and programming of the park 
and preservation district.
    ``(f) Support and Technical Services.--In order to provide staff 
support and technical services to assist the Advisory Committee in 
carrying out its duties under this Act, upon request of the Advisory 
Committee, the Secretary is authorized to detail any personnel of the 
National Park Service to the Advisory Committee.
    ``(g) Per Diem.--Members of the Advisory Committee shall serve 
without compensation but shall be entitled to travel expenses, 
including per diem in lieu of subsistence, in the same manner as 
persons employed intermittently in Government service under section 
5703 of title 5, United States Code.
    ``(h) FACA.--The provisions of section 14(b) of the Federal 
Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), are hereby 
waived with respect to the Advisory Committee.
    ``(i) Vacancies.--Any vacancy in the Advisory Committee shall be 
filled in the same manner in which the original appointment was made. 
Any member may serve after the expiration of his term until his 
successor is appointed.
    ``(j) Termination.--The Advisory Committee shall terminate on June 
5, 2010.

``SEC. 309. COMPTROLLER GENERAL REVIEW.

    ``(a) Deadline.--No later than January 1, 1996, the Comptroller 
General of the United States shall conduct the audit described in 
subsection (b) and submit to Congress a report concerning the results 
of such audit.
    ``(b) Audit.--The audit required by subsection (a) shall deal only 
with those activities and expenditures authorized by this Act and 
shall--
            ``(1) review the authorities of the National Park Service 
        and the Lowell Historic Park Advisory Commission and compare 
        them with those of similar units of the National Park System;
            ``(2) undertake a detailed assessment of all major Federal 
        expenditures made by the National Park Service and the Lowell 
        Historic Park Advisory Commission;
            ``(3) examine all loans made by the Lowell Development and 
        Financial Corporation related to the Lowell National Historical 
        Park and document the status of those loans which have not been 
        fully repaid;
            ``(4) identify the extent of non-Federal investment that 
        has been generated because of Federal spending authorized by 
        this Act; and
            ``(5) review all Federal activities and expenditures 
        associated with renovating the Nesmith House and give the 
        current status of that effort.''.
            (8) By adding at the end the following:

                        ``TITLE IV--BUY AMERICAN

``SEC. 401. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS.

    ``(a) Sense of Congress.--It is the sense of the Congress that, to 
the greatest extent practicable, all equipment and products purchased 
with funds made available pursuant to this Act should be American made.
    ``(b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
pursuant to this Act, the Commission, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.''.

            Passed the House of Representatives September 26, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.