[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2611 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2611

To authorize conveyance of land on which is situated the United States 
               Coast Guard Whitefish Point Light Station.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 1995

  Mr. Stupak introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committee on Resources, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To authorize conveyance of land on which is situated the United States 
               Coast Guard Whitefish Point Light Station.

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

SECTION 1. AUTHORITY TO CONVEY WHITEFISH POINT LIGHT STATION LAND.

    (a) Authority To Convey.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of the Department in which the Coast Guard is 
        operating (in this section referred to as the ``Secretary'') 
        may convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States in and to each of 3 
        parcels comprising the land on which the United States Coast 
        Guard Whitefish Point Light Station is situated (in this 
        section referred to as the ``Property''), as follows:
                    (A) To the Great Lakes Shipwreck Historical Society 
                (in this section referred to as a ``recipient''), 
                located in Sault Ste. Marie, Michigan, a parcel of land 
                described as follows:
                            A parcel of land located in Fractional 
                        Section 32, Town 51 North, Range 5 West, 
                        Whitefish Township, Chippewa County, Michigan, 
                        more particularly described as commencing at 
                        the Southwest corner of said Section 32; thence 
                        N89 deg.51'00"E along the South line of said 
                        Section 32 a distance of 2,054.59 feet to a 
                        D.N.R. brass capped monument at the Meander 
                        Corner between said Section 32 and Section 5, 
                        Town 50 North, Range 5 West; thence 
                        N09 deg.05'48"W a distance of 786.48 feet to a 
                        \1/2\" iron pin w/P.S. cap in the centerline of 
                        Whitefish Road, said point is the point of 
                        beginning: thence continuing N09 deg.05'48"W a 
                        distance of 163.70 feet to a B.L.M. brass 
                        capped monument; thence N01 deg.30'39"W a 
                        distance of 537.25 feet to a D.N.R. Aluminum 
                        capped monument, later referred to in this 
                        description as ``Point A''; thence continuing 
                        N01 deg.30'39"W a distance of 189 feet, more or 
                        less, to the water's edge of Lake Superior; 
                        thence Southeasterly along said water's edge a 
                        distance of 945 feet, more or less; thence 
                        S68 deg.16'41"W a distance of 171 feet, more or 
                        less, to a \1/2\" iron pin w/P.S. cap, said pin 
                        bears S63 deg.24'47"E a distance of 741.84 feet 
                        from aforementioned ``Point A''; thence 
                        continuing S68 deg.16'41"W along an existing 
                        road/path (Whitefish Point road extended) a 
                        distance of 384.74 feet to a \1/2\" iron pin w/
                        P.S. cap; thence S49 deg.51'18"W along said 
                        road a distance of 347.89 feet to the point of 
                        beginning. Containing 4.816 acres, more or less 
                        (8.734 acres, more or less to shore of Lake 
                        Superior). Subject to all easements, 
                        conditions, reservations, exceptions and 
                        restrictions contained in prior conveyances of 
                        record.
                    (B) To the United States Fish and Wildlife Service 
                (in this section referred to as a ``recipient''), a 
                parcel of land described as follows but excluding the 
                parcel described in subparagraph (C):
                            A parcel of land located in Fractional 
                        Section 32, Town 51 North, Range 5 West, 
                        Whitefish Township, Chippewa County, Michigan, 
                        more particularly described as commencing at 
                        the Southwest corner of said Section 32; thence 
                        N89 deg.51'00"E along the South line of said 
                        Section 32 a distance of 2,054.59 feet to a 
                        D.N.R. aluminum capped monument at the Meander 
                        Corner between said Section 32 and Section 5, 
                        Town 50 North, Range 5 West; said Meander 
                        Corner is the point of beginning: thence 
                        S41 deg.00'00"E along the line dividing the 
                        accreted land between said Sections 32 and 5, a 
                        distance of 184.80 feet to a D.N.R. aluminum 
                        capped monument, later referred to in this 
                        description as ``Point B''; thence continuing 
                        S41 deg.00'00"E a distance of 381 feet, more or 
                        less, to the water's edge of Lake Superior; 
                        thence Northeasterly and Northwesterly along 
                        said water's edge a distance of 2590 feet, more 
                        or less; thence S68 deg.16'41"W a distance of 
                        171 feet, more or less, to a \1/2\" iron pin 
                        which bears N67 deg.30'00"E a distance of 
                        1150.00 feet and N39 deg.05'42"W a distance of 
                        1085.76 feet from aforementioned ``Point B''; 
                        thence continuing S68 deg.16'41"W a distance of 
                        384.74 feet to a \1/2\" iron pin; thence 
                        S49 deg.51'18"W a distance of 347.89 feet to a 
                        \1/2\" iron pin; thence S09 deg.05'48"E a 
                        distance of 786.48 feet to the point of 
                        beginning. Containing 37.765 acres, more or 
                        less (including all land to the water's edge of 
                        Lake Superior). Subject to all easements, 
                        conditions reservations, exceptions and 
                        restrictions contained in prior conveyances of 
                        record.
                    (C) To the Michigan Audubon Society (in this 
                section referred to as a ``recipient''), a parcel of 
                land described as follows:
                            A parcel of land located in Fractional 
                        Section 32, Town 51 North, Range 5 West, 
                        Whitefish Township, Chippewa County, Michigan, 
                        more particularly described as commencing at 
                        the Southwest Corner of said Section 32; thence 
                        N89 deg.51'00"E along the South line of said 
                        Section 32 a distance of 2,054.59 feet to a 
                        D.N.R. aluminum capped monument at the Meander 
                        Corner between said Section 32 and Section 5, 
                        Town 50 North, Range 5 West; thence 
                        N09 deg.05'48"W, 786.48 feet, thence 
                        N49 deg.51'18"E, 265.01 feet to the point of 
                        beginning: thence continuing N49 deg.51'18"E, 
                        82.88 feet; thence N68 deg.16'41"E, 170.00 
                        feet; thence S28 deg.13'19"E, 460.00 feet; 
                        thence S61 deg.46'41"W, 250.00 feet; thence 
                        N28 deg.13'19"W, 462.12 to the point of 
                        beginning.
                Containing 2.7 acres, more or less. Subject to all 
                easements, conditions, reservations, exceptions, and 
                restrictions contained in prior conveyances of record.
            (2) Limitation.--Notwithstanding paragraph (1), the 
        Secretary shall retain for the United States all right, title, 
        and interest in--
                    (A) any historical artifact, including any lens or 
                lantern, and
                    (B) the light, antennas, sound signal, towers, 
                associated lighthouse equipment, and any electronic 
                navigation equipment, which are active aids to 
                navigation,
        which is located on the Property, or which relates to the 
        Property.
            (3) Identification of the property.--The Secretary may 
        identify, describe, and determine the parcels to be conveyed 
        pursuant to this section.
    (b) Terms and Conditions.--
            (1) In general.--Any conveyance pursuant to subsection (a) 
        shall be made--
                    (A) without payment of consideration; and
                    (B) subject to such terms and conditions as the 
                Secretary considers appropriate.
            (2) Maintenance of navigation functions.--The Secretary 
        shall ensure that any conveyance pursuant to this section is 
        subject to such conditions as the Secretary considers to be 
        necessary to assure that--
                    (A) the light, antennas, sound signal, towers, and 
                associated lighthouse equipment, and any electronic 
                navigation equipment, which are located on the Property 
                and which are active aids to navigation shall continue 
                to be operated and maintained by the United States for 
                as long as they are needed for this purpose;
                    (B) the recipients may not interfere or allow 
                interference in any manner with such aids to navigation 
                without express written permission from the United 
                States;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aids to 
                navigation, or make any changes on any portion of the 
                Property as may be necessary for navigation purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the Property without notice for the 
                purpose of maintaining aids to navigation;
                    (E) the United States shall have--
                            (i) an easement of access to the Property 
                        for the purpose of maintaining the aids to 
                        navigation and associated equipment in use on 
                        the Property,
                            (ii) an easement for an arc of visibility,
                            (iii) a 500-foot nuisance easement around 
                        the Fog Signal Tower, and
                            (iv) an easement for an underground cable 
                        running from the Fog Signal Tower to the Light; 
                        and
                    (F) the United States shall not be responsible for 
                the cost and expense of maintenance, repair, and upkeep 
                of the Property.
            (3) Maintenance obligation.--The recipients shall not have 
        any obligation to maintain any active aid to navigation 
        equipment on any parcel conveyed pursuant to this section.
    (c) Property To Be Maintained in Accordance With Certain Laws.--
Each recipient shall maintain the parcel conveyed to the recipient 
pursuant to subsection (a) in accordance with the provisions of the 
National Historic Preservation Act (16 U.S.C. 470 et seq.), and other 
applicable laws.
    (d) Maintenance Standard.--Each recipient shall maintain the parcel 
conveyed to the recipient pursuant to subsection (a), at its own cost 
and expense, in a proper, substantial, and workmanlike manner, 
including the easements of access, the easement for an arc of 
visibility, the nuisance easement, and the underground easement.
    (e) Cooperative Use Agreement.--The Secretary shall require, as a 
condition of each conveyance of property under this section, that all 
of the recipients have entered into the same cooperative agreement 
governing the shared use and occupancy of the existing Whitefish Point 
Light Station facilities. The cooperative agreement shall include--
            (1) terms governing building occupancy and access of 
        recipient staff and public visitors to public restrooms, the 
        auditorium, and the parking lot; and
            (2) terms requiring that each recipient shall be 
        responsible for paying a pro rata share of the costs of 
        operating and maintaining the existing Whitefish Point Light 
        Station facilities, that is based on the level of use and 
        occupancy of the facilities by the recipient.
    (f) Limitations on Development and Impairing Uses.--It shall be a 
term of each conveyance under this section that--
            (1) no development of new facilities or expansion of 
        existing facilities or infrastructure on property conveyed 
        under this section may occur, except for purposes of 
        implementing the Whitefish Point Comprehensive Plan of October 
        1992 and for a gift shop, unless--
                    (A) each of the recipients consents to the 
                development or expansion in writing;
                    (B) there has been a reasonable opportunity for 
                public comment on the development or expansion, and 
                full consideration has been given to such public 
                comment as is provided; and
                    (C) the development or expansion is consistent with 
                preservation of the Property in its predominantly 
                natural, scenic, historic, and forested condition; and
            (2) any use of the Property or any structure located on the 
        property which may impair or interfere with the conservation 
        values of the Property is expressly prohibited.
    (g) Revisionary Interest.--
            (1) In general.--All right, title, and interests in and to 
        property and interests conveyed under this section shall revert 
        to the United States and thereafter be administered by the 
        Secretary of Interior acting through the Director of the United 
        States Fish and Wildlife Service, if--
                    (A) in the case of such property and interests 
                conveyed to the Great Lakes Shipwreck Historical 
                Society, the property or interests cease to be used for 
                the purpose of historical interpretation;
                    (B) in the case of such property and interests 
                conveyed to the Michigan Audubon Society, the property 
                or interests cease to be used for the purpose of 
                environmental protection, research, and interpretation; 
                or
                    (C) in the case any property and interests conveyed 
                to a recipient referred to in subparagraph (A) or (B)--
                            (i) there is any violation of any term or 
                        condition of the conveyance to that recipient; 
                        or
                            (ii) the recipient has ceased to exist.
            (2) Authority to enforce reversionary interest.--The 
        Secretary of the Interior, acting through the Director of the 
        United States Fish and Wildlife Service, shall have the 
        authority--
                    (A) to determine for the United States Government 
                whether any act or omission of a recipient results in a 
                reversion of property and interests under paragraph 
                (1); and
                    (B) to initiate a civil action to enforce that 
                reversion, after notifying the recipient of the intent 
                of the Secretary to initiate that action.
                                 <all>