[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3344 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3344

   To authorize the conveyance of the Coast Guard Presque Isle Light 
    Station to Presque Isle Township, Presque Isle County, Michigan.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 1996

  Mr. Stupak introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To authorize the conveyance of the Coast Guard Presque Isle Light 
    Station to Presque Isle Township, Presque Isle County, Michigan.

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

SECTION 1. CONVEYANCE OF PRESQUE ISLE LIGHT STATION, MICHIGAN.

    (a) Authority To Convey.--
            (1) In general.--Except as provided in paragraph (3), the 
        Secretary of the department in which the Coast Guard is 
        operating (in this section referred to as the ``Secretary'') 
        may convey to Presque Isle Township, Presque Isle County, 
        Michigan (in this section referred to as the ``Township'') by 
        an appropriate means of conveyance, all right, title, and 
        interest of the United States in and to the real property, upon 
        which is located the United States Coast Guard Presque Isle 
        Light Station in the County of Presque Isle, Michigan, more 
        particularly described as follows: Approximately 98.47 acres 
        forming a peninsula into Lake Huron consisting of Lots 1 and 2 
        of Section 8, Township 34 North, Range 8 East, in the County of 
        Presque Isle, Michigan, including the light-tower, attached 
        dwelling, detached dwelling, three car garage and any other 
        improvements on that parcel of land.
            (2) Identification of the property.--The Secretary may 
        identify, describe, and determine real property to be conveyed 
        under this section.
            (3) Retained interests.--Notwithstanding any conveyance 
        under this section, the United States shall retain all right, 
        title, and interest in--
                    (A) any historical artifact, including any lens or 
                lantern, but not including any structures or other 
                fixtures of structures (except as provided in 
                subparagraph (B)); and
                    (B) the light, antennas, sound signal, and 
                associated lighthouse equipment, and any electronic 
                navigation equipment, which are active aids to 
                navigation,
        whether located on the property conveyed or associated with the 
        property conveyed and located elsewhere.
    (b) Terms and Conditions.--
            (1) In general.--Any conveyance of property under 
        subsection (a) shall be made--
                    (A) without payment of consideration;
                    (B) subject to such terms and conditions as the 
                Secretary may consider appropriate; and
                    (C) subject to appropriate covenants that--
                            (i) warrant that all remedial action 
                        necessary to protect human health and the 
                        environment with respect to any substance 
                        remaining on the property has been taken before 
                        the date of the conveyance, and any additional 
                        remedial action for that purpose found to be 
                        necessary after the date of the conveyance 
                        shall be taken by the United States; and
                            (ii) reserving an easement to the United 
                        States providing access to take any such 
                        remedial action required after the conveyance.
            (2) Reversionary interest.--In addition to any term or 
        condition established pursuant to paragraph (1), any conveyance 
        of property under subsection (a) shall be subject to the 
        conditions that--
                    (A) the property shall be used as a center for 
                public benefit for the interpretation and preservation 
                of the material culture of the United States Coast 
                Guard and the maritime history of Michigan, which may 
                include use for general park purposes or for 
                educational, historical, recreational, and cultural 
                programs open to and for the benefit of the general 
                public;
                    (B) the property shall be managed by the Township 
                or by such entity as may be granted by the Township a 
                lease, management contract, or concession on such terms 
                as may be acceptable to the Township as being in the 
                public interest; and
                    (C) all right, title, and interest in the property 
                shall immediately revert to the United States if the 
                property ceases to be maintained and used in accordance 
                with subparagraphs (A) and (B).
            (3) Maintenance of navigation functions.--Any conveyance of 
        property under this section shall be subject to such conditions 
        as the Secretary considers to be necessary to assure that--
                    (A) the light, antennas, sound signal, and 
                associated lighthouse equipment, and any electronic 
                navigation equipment, located on the property, 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 Township 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 in use on the property, and
                            (ii) an easement for an arc of visibility; 
                        and
                    (F) the United States shall not be responsible for 
                the cost and expense of maintenance, repair, and upkeep 
                of the property.
            (4) Maintenance obligation.--The Township shall not have 
        any obligation to maintain any active aid to navigation 
        equipment on the property conveyed under this section.
    (c) Property To Be Maintained in Accordance With Certain Laws.--The 
Township, to the extent its budget permits as determined by its 
Township Board, shall maintain property conveyed to the Township under 
this section in accordance with the provisions of the National Historic 
Preservation Act of 1966 (16 U.S.C. 470 et seq.) and other applicable 
laws.
    (d) Maintenance Standard.--The Township, at its own cost and 
expense and to the extent its budget permits as determined by the 
Township Board, shall maintain in a proper, substantial, and 
workmanlike manner, the property conveyed under this section, including 
the easement of access and the easement for an arc of visibility.
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