16 U.S.C. § 284c — Financial assistance for reconstruction of

Page 176 TITLE 16—CONSERVATION § 284b Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. AMENDMENTS 2002—Pub. L. 107–219 inserted before period at end: ‘‘, except that laws, rules, or regulations that are ap- plicable solely to units of the National Park System that are designated as a ‘National Park’ shall not apply to Wolf Trap National Park for the Performing Arts’’. § 284b. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary, but not in excess of $5,473,000, to carry out the purposes of this sub- chapter. (Pub. L. 89–671, § 3, Oct. 15, 1966, 80 Stat. 951; Pub. L. 92–272, title II, § 201(4), Apr. 11, 1972, 86 Stat. 120.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–272 increased maximum sums author- ized to be appropriated from not in excess of $600,000 to not in excess of $5,473,000. § 284c. Financial assistance for reconstruction of Center (a) Grants to Foundation; amount; non-Federal contributions The Secretary is authorized to make available to the Foundation, in the form of a grant, $9,000,000 to be used for the reconstruction of the Center, subject to the provisions of this section. Such grant shall be made available in incre- ments as needed for such purpose and only if the Foundation has agreed under terms and condi- tions satisfactory to the Secretary to provide, from non-Federal sources, sufficient contribu- tions on a timely basis to complete the recon- struction of the Center. (b) Loans to Foundation; amount; limitation; re- payment; interest; service costs; term (1) The Secretary may make loans to the Foundation to the extent needed to complete the reconstruction of the Center and to provide for noise mitigation measures, including those on adjacent public property, in an amount equal to twice the amount of non-Federal contribu- tions received, and provided, by the Foundation for such reconstruction work. The total amount of such loans may not exceed $8,000,000. Loans made under this subsection shall be repaid in full, with interest on any unpaid obligation at a rate determined by the Secretary of the Treas- ury, taking into consideration current market yields on outstanding marketing obligations of the United States with remaining periods to ma- turity comparable to the maturity of the loan, plus such additional charge, if any, as the Sec- retary may determine, for the purpose of cov- ering other costs of servicing the loan. In deter- mining the terms and conditions governing any loan, the Secretary shall fix a term of not more than five years from the date the loan agree- ment is executed. (2)(A) The term of the loans made pursuant to paragraph (1) which are outstanding on the ef- fective date of this paragraph may not exceed the 25-year period beginning on such date. The remaining obligation of such loans shall be paid in equal annual installments, commencing June 1, 1991, except that for the first 3 payments, the payment shall be $215,000 each year. In addition, such payments (including the first 3 payments) may be reduced in any year by a credit not to exceed $60,000 annually. Such credit shall equal 100 percent of the market value of public service tickets determined at prevailing Foundation box office prices. Such credit shall be allowed only for tickets contributed to entities holding a sta- tus referred to in section 501(c)(3) of title 26. (B)(i) Unpaid interest on such amount which accrued before the effective date of this para- graph is hereby forgiven. (ii) Notwithstanding paragraph (1), there shall be no interest on the loan referred to in subpara- graph (A) after the effective date of this para- graph if, within 120 days after such date, the Foundation modifies its agreement with the Secretary to implement this paragraph, para- graph (3), and section 284d(c)(4) of this title. If such agreement is not modified within the 120- day period, interest shall accrue from the effec- tive date of this paragraph in accordance with paragraph (1). (C) Notwithstanding any other provision of law, amounts paid to the Secretary pursuant to this paragraph may be retained until expended by the Secretary, in consultation with the Foun- dation, for the maintenance of structures, facili- ties, and equipment of the Park. (D) The Secretary shall, within 120 days after the effective date of this paragraph, submit a payment schedule to the Foundation specifying the amount of each annual payment to be made by the Foundation pursuant to this paragraph. (3) If the Foundation is in default on its obli- gations under this subsection for more than 60 consecutive days, the Secretary, acting in the public interest, shall terminate the cooperative agreement described in section 284d of this title. In the event of a major catastrophe or severe economic situation, the Secretary may submit to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a recommendation that this paragraph be temporarily suspended. In submitting such a request, the Secretary shall submit clear evidence of the financial sta- tus of the Foundation. (c) Written agreement No grants or loans may be made under this section unless the Secretary has entered into a written agreement with the Foundation under which the Foundation agrees— Page 177 TITLE 16—CONSERVATION § 284d (1) to expend all funds for the reconstruction of the Center (and for construction or recon- struction of any related structures or fixtures) only in accordance with circulars published by the Office of Management and Budget applica- ble to Federal grants to nonprofit organiza- tions, and in accordance with the provisions of sections 3141–3144, 3146, and 3147 of title 40; (2) to comply with such other terms and con- ditions as the Secretary deems appropriate; and (3) to maintain, during the term of the coop- erative agreement described in section 284d of this title, and at the Foundation’s expense, in- surance on the Center respecting such risks, in such amounts, and containing such terms and conditions, as are satisfactory to the Sec- retary. Any repairs or reconstruction carried out with funds obtained from the receipt of the proceeds of any such insurance shall be subject to the ap- proval of the Secretary. (d) Oversight and approval duties of Secretary; construction management duties of Founda- tion The Secretary shall be responsible for over- seeing the reconstruction and shall have final approval over the plans for, and location and de- sign of, the Center, and the Foundation shall be responsible for managing the construction ac- tivities, including the selection (in accordance with the requirements referred to in paragraphs (1) and (2) of subsection (c)) of persons to per- form architectural, engineering, construction, and related services. (e) Easement noise and other standards; enforce- ment measures No grants or loans may be made under this section unless the Secretary has received what the Secretary deems to be adequate written as- surance from the Administrator of the Federal Aviation Administration that any easement granted to the Commonwealth of Virginia by the Administrator for construction of the Dulles Toll Road will contain noise standards (‘‘A’’ weighted energy average sound level of 52 to 54 dB) and other standards set forth in the Final Environmental Impact Statement for the Dulles Airport Access Road Outer Parallel Toll Roads, prepared by the Federal Aviation Administra- tion and issued in May of 1982, legally enforce- able by the Administrator and by the Secretary which are adequate to protect the Center from undue noise pollution and other environmental degradation attributable to such toll road both during and after its construction, and will also contain legally enforceable assurances that the Commonwealth of Virginia will promptly take measures to achieve the noise levels specified in the easement. Such measures may include a par- tial or total ban on truck traffic on the toll road or other mitigation recommended by the Sec- retary and the Administrator. (f) Support services on reimbursable basis The Secretary may also provide support serv- ices, as requested by the Foundation, on a reim- bursable basis, for purposes of reconstruction of the Center. (Pub. L. 89–671, § 4, as added Pub. L. 97–310, Oct. 14, 1982, 96 Stat. 1455; amended Pub. L. 101–636, § 1, Nov. 28, 1990, 104 Stat. 4586; Pub. L. 103–437, § 6(d)(8), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 107–219, § 2, Aug. 21, 2002, 116 Stat. 1330.) Editorial Notes REFERENCES IN TEXT For effective date of this paragraph, referred to in subsec. (b)(2)(A), (B), and (D), see Effective Date of 1990 Amendment note below. CODIFICATION ‘‘Sections 3141–3144, 3146, and 3147 of title 40’’ sub- stituted in subsec. (c)(1) for ‘‘the Davis-Bacon Act (40 U.S.C. 276a–a7)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 2002—Subsec. (c). Pub. L. 107–219 realigned margin of last sentence of par. (3) so as to appear as concluding provisions, and in concluding provisions, substituted ‘‘funds’’ for ‘‘Funds’’. 1994—Subsec. (b)(3). Pub. L. 103–437 substituted ‘‘Nat- ural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. 1990—Subsec. (b). Pub. L. 101–636 designated existing provisions as par. (1) and added pars. (2) and (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Section 4 of Pub. L. 101–636, as amended by Pub. L. 89–671, § 14(c), as added Pub. L. 107–219, § 1(a)(3), Aug. 21, 2002, 116 Stat. 1330, provided that: ‘‘(a) The amendments made by sections 1 and 2 [amending this section and section 284d of this title] shall take effect on the date on which the Wolf Trap Foundation for the Performing Arts modifies its agree- ments entered into pursuant to the Wolf Trap National Park for the Performing Arts Act [this subchapter] in a manner which is consistent with and takes into ac- count the amendments made by this Act [amending this section and section 284d of this title and enacting provisions set out as a note under section 284 of this title], as determined by the Secretary of the Interior. ‘‘(b) The amendment made by section 3 [enacting pro- visions set out as a note under section 284 of this title] shall take effect on the date of enactment of this Act [Nov. 28, 1990].’’ INCREASE IN LOAN CEILING; FUNDS REIMBURSED TO FOUNDATION TO BE REPAID TO SECRETARY Pub. L. 99–190, § 101(d) [title I], Dec. 19, 1985, 99 Stat. 1224, 1231, as amended by Pub. L. 89–671, § 14(c), as added Pub. L. 107–219, § 1(a)(3), Aug. 21, 2002, 116 Stat. 1330, pro- vided: ‘‘That the loan ceiling established under section 4(b) of Public Law 97–310 [probably means Public Law 89–671], the Wolf Trap National Park for the Performing Arts Act, as amended [16 U.S.C. 284c(b)], is increased to $9,500,000. Notwithstanding the loan repayment provi- sions of Public Law 97–310 [enacting 16 U.S.C. 284c to 284j], the dollar amount of items paid for by the Wolf Trap Foundation from funds provided by the additional loan authority in this section that is subsequently re- imbursed to the Foundation by a court award or insur- ance settlement shall be repaid to the Secretary of the Interior by the Wolf Trap Foundation within 90 days of the date of the court award or insurance settlement.’’ § 284d. Cooperative agreement with Foundation for presentation of programs (a) Terms and conditions for Federal assistance The Secretary is authorized and directed to enter into a cooperative agreement with the