§ 284c. — Financial assistance for reconstruction of Center.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC284c]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV--WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
Sec. 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 increments as needed for such purpose and only if the
Foundation has agreed under terms and conditions satisfactory to the
Secretary to provide, from non-Federal sources, sufficient contributions
on a timely basis to complete the reconstruction of the Center.
(b) Loans to Foundation; amount; limitation; repayment; 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 contributions
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 Treasury,
taking into consideration current market yields on outstanding marketing
obligations of the United States with remaining periods to maturity
comparable to the maturity of the loan, plus such additional charge, if
any, as the Secretary may determine, for the purpose of covering other
costs of servicing the loan. In determining the terms and conditions
governing any loan, the Secretary shall fix a term of not more than five
years from the date the loan agreement is executed.
(2)(A) The term of the loans made pursuant to paragraph (1) which
are outstanding on the effective 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 status 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 paragraph is hereby forgiven.
(ii) Notwithstanding paragraph (1), there shall be no interest on
the loan referred to in subparagraph (A) after the effective date of
this paragraph if, within 120 days after such date, the Foundation
modifies its agreement with the Secretary to implement this paragraph,
paragraph (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 effective 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 Foundation, for the maintenance
of structures, facilities, 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 obligations 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 status 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--
(1) to expend all funds for the reconstruction of the Center
(and for construction or reconstruction of any related structures or
fixtures) only in accordance with circulars published by the Office
of Management and Budget applicable to Federal grants to nonprofit
organizations, and in accordance with the provisions of sections
3141-3144, 3146, and 3147 of title 40;
(2) to comply with such other terms and conditions as the
Secretary deems appropriate; and
(3) to maintain, during the term of the cooperative agreement
described in section 284d of this title, and at the Foundation's
expense, insurance on the Center respecting such risks, in such
amounts, and containing such terms and conditions, as are
satisfactory to the Secretary.
Any repairs or reconstruction carried out with funds obtained from the
receipt of the proceeds of any such insurance shall be subject to the
approval of the Secretary.
(d) Oversight and approval duties of Secretary; construction management
duties of Foundation
The Secretary shall be responsible for overseeing the reconstruction
and shall have final approval over the plans for, and location and
design of, the Center, and the Foundation shall be responsible for
managing the construction activities, including the selection (in
accordance with the requirements referred to in paragraphs (1) and (2)
of subsection (c) of this section) of persons to perform architectural,
engineering, construction, and related services.
(e) Easement noise and other standards; enforcement measures
No grants or loans may be made under this section unless the
Secretary has received what the Secretary deems to be adequate written
assurance 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 Administration and issued in May of
1982, legally enforceable 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 partial or total ban on truck traffic on the
toll road or other mitigation recommended by the Secretary and the
Administrator.
(f) Support services on reimbursable basis
The Secretary may also provide support services, as requested by the
Foundation, on a reimbursable basis, for purposes of reconstruction of
the Center.
(Pub. L. 89-671, Sec. 4, as added Pub. L. 97-310, Oct. 14, 1982, 96
Stat. 1455; amended Pub. L. 101-636, Sec. 1, Nov. 28, 1990, 104 Stat.
4586; Pub. L. 103-437, Sec. 6(d)(8), Nov. 2, 1994, 108 Stat. 4583; Pub.
L. 107-219, Sec. 2, Aug. 21, 2002, 116 Stat. 1330.)
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'' substituted in
subsec. (c)(1) for ``the Davis-Bacon Act (40 U.S.C. 276a-a7)'' on
authority of Pub. L. 107-217, Sec. 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 ``Natural
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).
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Effective Date of 1990 Amendment
Section 4 of Pub. L. 101-636, as amended by Pub. L. 89-671,
Sec. 14(c), as added Pub. L. 107-219, Sec. 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 agreements
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 account 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 provisions 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, Sec. 101(d) [title I], Dec. 19, 1985, 99 Stat. 1224,
1231, as amended by Pub. L. 89-671, Sec. 14(c), as added Pub. L. 107-
219, Sec. 1(a)(3), Aug. 21, 2002, 116 Stat. 1330, provided: ``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 provisions 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
reimbursed to the Foundation by a court award or insurance 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.''
Section Referred to in Other Sections
This section is referred to in sections 284d, 284g, 284i of this
title.
