---
kind: "section"
citation: "16 U.S.C. § 410cc–22"
title: "16"
title_heading: "Conservation"
number: "410cc–22"
heading: "Acquisition of property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/410cc-22"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LIX–A — Lowell National Historical Park"
  - "Part B — Powers and Duties of Secretary"
---

# §410cc–22. Acquisition of property

- (a) **Specified property; manner of acquisition—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) the properties designated in paragraph (2) of this subsection, or any interest therein, by donation, purchase with donated or appropriated funds, condemnation, or otherwise. Any property or interest therein owned by the Commonwealth of Massachusetts or any political [subdivision](/usc/16/539m–1.md?p=15) thereof may be acquired only by donation. The [Secretary](/usc/16/410r–5.md?p=c-1) may initiate condemnation proceedings under this paragraph only after making every reasonable effort to [acquire](/usc/16/620e.md?p=1) property through negotiations and purchase, and consulting with the [Commission](/usc/16/544.md?p=c) (if established) and the city council of Lowell.
  - (2) The properties referred to in paragraph (1) of this subsection are the following:
    - (A) The Linus Childs House, 63 Kirk Street.
    - (B) The H and H Paper Company (commonly referred to as Boott Mill Boarding House), 42 French Street.
    - (C) Old City Hall, 226 Merrimack Street.
    - (D) Merrimack Gatehouse, 269 Merrimack Street.
    - (E) The Wannalancit Textile Company, 562 Suffolk Street.
    - (F) The structures containing the Jade Pagoda and Solomon’s Yard Goods, 210 and 200 Merrimack Street.
    - (G) The properties shown on the [map](/usc/16/430f–7.md?p=1) identified in [section 410cc–11(a)(3)](/usc/16/410cc–11.md?p=a-3)[^1] of this title as follows:
      - (i) 91 Pevey Street.
      - (ii) The portion of 607 Middlesex Place.
      - (iii) Eagle Court.
      - (iv) The portion of 50 Payne Street.
      - (v) 726 Broadway.
- (b) **Other property; criteria for acquisition; manner of acquisition—** Until the date on which the [Commission](/usc/16/544.md?p=c) conducts its first meeting, the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) any property within the [park](/usc/16/410r–5.md?p=c-3) or preservation district not designated in [subsection (a)(2)](#a-2) of this section, or any interest therein, if such property—
  - (1) is identified in the report of the Lowell Historical Canal District [Commission](/usc/16/544.md?p=c) as a property which should be preserved, restored, managed, developed, or maintained in a manner consistent with the purpose of this subchapter;
  - (2) is listed in the National Register of Historic Places, as maintained by the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to chapter 3021 and [section 320102(c) of title 54](/usc/54/320102.md?p=c); or
  - (3) is determined by the [Secretary](/usc/16/410r–5.md?p=c-1) to be of national significance;

  and would be subject to demolition or major alteration in a manner inconsistent with the purposes of this subchapter unless acquired by the [Secretary](/usc/16/410r–5.md?p=c-1). Such property may be acquired only as provided in [subsection (a)(1)](#a-1) of this section.

- (c) **Easements; manner of acquisition—** The [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) easements within the [park](/usc/16/410r–5.md?p=c-3) for the purpose of carrying out this subchapter. Such easements may be acquired only as provided in [subsection (a)(1)](#a-1) of this section.
- (d) **Exchange of land or interest in land—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1) may exchange any land or interest in land within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) for any land or interest in land owned by the Commonwealth of Massachusetts, the city of Lowell, or the University of Massachusetts Building Authority.
  - (2) Except as provided in [paragraph (3)](#d-3), an exchange under this subsection shall be subject to the laws, regulations, and policies applicable to exchanges of land administered by the National [Park](/usc/16/410r–5.md?p=c-3) Service and any other terms and conditions that the [Secretary](/usc/16/410r–5.md?p=c-1) determines to be necessary to protect the interests of the United States.
  - (3) Where facilities or infrastructure required for the management and operation of the Lowell National Historical [Park](/usc/16/410r–5.md?p=c-3) exists on the [Federal land](/usc/16/3102.md?p=2) to be exchanged, and the non-[Federal land](/usc/16/3102.md?p=2) or interest in land to be exchanged is not of equal value, the values shall be equalized by the payment of cash to the [Secretary](/usc/16/410r–5.md?p=c-1). The [Secretary](/usc/16/410r–5.md?p=c-1) shall not be required to equalize the values of any exchange conducted under this subsection if the land or interest in land received by the Federal Government exceeds the value of the [Federal land](/usc/16/3102.md?p=2) or interest in land exchanged.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 95–290, title II, § 202, June 5, 1978, 92 Stat. 293; Pub. L. 110–229, title III, § 312(2), May 8, 2008, 122 Stat. 769; Pub. L. 112–182, § 2, Oct. 5, 2012, 126 Stat. 1420.)

## Notes

### Editorial Notes

### References in Text

Section 410cc–11(a)(3) of this title, referred to in subsec. (a)(2)(G), was in the original “subsection (101)(a)(3)” and was translated as meaning section 101(a)(3) of Pub. L. 95–290, which is classified to section 410cc–11(a)(3) of this title, to reflect the probable intent of Congress.

### Codification

In subsec. (b)(2), “chapter 3021 and section 320102(c) of title 54” substituted for “section 101(a) of the Act entitled ‘An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes’, approved October 15, 1966 (16 U.S.C. 470a), and section 2(b) of the Act entitled ‘An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes’, approved August 21, 1935 (16 U.S.C. 462)” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

### Amendments

2012—Subsec. (d). Pub. L. 112–182 added subsec. (d).

2008—Subsec. (a)(2)(G). Pub. L. 110–229 added subpar. (G).