[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 685 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 685

  To provide for the conveyance of certain lighthouses located in the 
                            State of Maine.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 6 (legislative day, April 5), 1995

   Ms. Snowe introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To provide for the conveyance of certain lighthouses located in the 
                            State of Maine.

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

SECTION 1. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN MAINE.

    (a) Authority To Convey.--
            (1) In general.--Subject to paragraphs (3) and (4), the 
        Secretary of Transportation may convey, without consideration, 
        to the Island Institute, Rockland, Maine (in this section 
        referred to as the ``Institute''), all right, title, and 
        interest of the United States in and to any of the facilities 
        and real property and improvements described in paragraph (2).
            (2) Covered facilities.--Paragraph (1) applies to 
        lighthouses, together with any real property and other 
        improvements associated therewith, located in the State of 
        Maine as follows:
                    (A) Whitehead Island Light.
                    (B) Deer Island Thorofare (Mark Island) Light.
                    (C) Burnt Island Light.
                    (D) Rockland Harbor Breakwater Light.
                    (E) Monhegan Island Light.
                    (F) Eagle Island Light.
                    (G) Curtis Island Light.
                    (H) Moose Peak Light.
                    (I) Great Duck Island Light.
                    (J) Goose Rocks Light.
                    (K) Isle au Haut Light.
                    (L) Goat Island Light.
                    (M) Wood Island Light.
                    (N) Doubling Point Light.
                    (O) Doubling Point Front Range Light.
                    (P) Doubling Point Rear Range Light.
                    (Q) Little River Light.
                    (R) Spring Point Ledge Light.
                    (S) Ram Island Light (Boothbay).
                    (T) Seguin Island Light.
                    (U) Marshall Point Light.
                    (V) Fort Point Light.
                    (W) West Quoddy Head Light.
                    (X) Brown's Head Light.
                    (Y) Cape Neddick Light.
                    (Z) Halfway Rock Light.
                    (AA) Ram Island Ledge Light.
                    (BB) Mount Desert Rock Light.
                    (CC) Whitlock's Mill Light.
            (3) Limitation on conveyance.--The Secretary shall retain 
        all right, title, and interest of the United States in and to 
        any historical artifact, including any lens or lantern, that is 
        associated with the lighthouses conveyed under this subsection, 
        whether located at the lighthouse or elsewhere. The Secretary 
        shall identify any equipment, system, or object covered by this 
        paragraph.
            (4) Deadline for conveyance.--The conveyances authorized by 
        this subsection shall take place, if at all, not later than 5 
        years after the date of the enactment of this Act.
            (5) Additional conveyances to united states fish and 
        wildlife service.--The Secretary may transfer, in accordance 
        with the terms and conditions of subsection (b), the following 
        lighthouses, together with any real property and improvements 
        associated therewith, directly to the United States Fish and 
        Wildlife Service:
                    (A) Two Bush Island Light.
                    (B) Egg Rock Light.
                    (C) Libby Island Light.
                    (D) Matinicus Rock Light.
    (b) Conditions of Conveyance.--The conveyance of a lighthouse, and 
any real property and improvements associated therewith, under 
subsection (a) shall be subject to the following conditions:
            (1) That the lighthouse and any such property and 
        improvements be used for educational, historic, recreational, 
        cultural, and wildlife conservation programs for the general 
        public and for such other uses as the Secretary determines to 
        be not inconsistent or incompatible with such uses.
            (2) That the lighthouse and any such property and 
        improvements be maintained at no cost to the United States in a 
        manner that ensures the use of the lighthouse by the Coast 
        Guard as an aid to navigation.
            (3) That the use of the lighthouse and any such property 
        and improvements by the Coast Guard as an aid to navigation not 
        be interfered with, except with the written permission of the 
        Secretary.
            (4) That the lighthouse and any such property and 
        improvements be maintained in a manner consistent with the 
        provisions of the National Historic Preservation Act (16 U.S.C. 
        470 et seq.).
            (5) That public access to the lighthouse and any such 
        property and improvements be ensured.
    (c) Reservations.--In the conveyance of a lighthouse under 
subsection (a)(1), the Secretary shall reserve to the United States the 
following:
            (1) The right to enter the lighthouse, and any real 
        property and improvements conveyed therewith, at any time, 
        without notice, for purposes of maintaining any aid to 
        navigation at the lighthouse, including any light, antennae, 
        sound signal, and associated equipment located at the 
        lighthouse, and any electronic navigation equipment or system 
        located at the lighthouse.
            (2) The right to enter the lighthouse and any such property 
        and improvements at any time, without notice, for purposes of 
        relocating, replacing, or improving any such aid to navigation, 
        or to carry out any other activity necessary in aid of 
        navigation.
            (3) An easement of ingress and egress onto the real 
        property conveyed for the purposes referred to in paragraphs 
        (1) and (2).
            (4) An easement over such portion of such property as the 
        Secretary considers appropriate in order to ensure the 
        visibility of the lighthouse for navigation purposes.
            (5) The right to obtain and remove any historical artifact, 
        including any lens or lantern that the Secretary has identified 
        pursuant to paragraph (3) of subsection (a).
    (d) Maintenance of Aids to Navigation.--The Secretary may not 
impose upon the Institute, or upon any entity to which the Institute 
conveys a lighthouse under subsection (g), an obligation to maintain 
any aid to navigation at a lighthouse conveyed under subsection (a)(1).
    (e) Reversionary Interest.--All right, title, and interest in and 
to a lighthouse and any real property and improvements associated 
therewith that is conveyed to the Institute under subsection (a)(1) 
shall revert to the United States and the United States shall have the 
right of immediate entry thereon if--
            (1) the Secretary determines at any time that the 
        lighthouse, and any property and improvements associated 
        therewith, is not being utilized or maintained in accordance 
        with subsection (b); or
            (2) the Secretary determines that--
                    (A) the Institute is unable to identify an entity 
                eligible for the conveyance of the lighthouse under 
                subsection (g) within the 3-year period beginning on 
                the date of the conveyance of the lighthouse to the 
                Institute under subsection (a)(1); or
                    (B) in the event that the Institute identifies an 
                entity eligible for the conveyance within that period--
                            (i) the entity is unable or unwilling to 
                        accept the conveyance and the Institute is 
                        unable to identify another entity eligible for 
                        the conveyance within that period; or
                            (ii) the committee established under 
                        subsection (g)(3)(A) disapproves of the entity 
                        identified by the Institute and the Institute 
                        is unable to identify another entity eligible 
                        for the conveyance within that period.
    (f) Inspection.--The State Historic Preservation Officer of the 
State of Maine may inspect any lighthouse, and any real property and 
improvements associated therewith, that is conveyed under this section 
at any time, without notice, for purposes of ensuring that the 
lighthouse is being maintained in the manner required under subsections 
(b)(4) and (b)(5). The United States Fish and Wildlife Service, the 
Institute, and any subsequent conveyee of the Institute under 
subsection (g), shall cooperate with the official referred to in the 
preceding sentence in the inspections of that official under this 
subsection.
    (g) Subsequent Conveyance.--
            (1) Requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Institute shall convey, without consideration, 
                all right, title, and interest of the Institute in and 
                to the lighthouses conveyed to the Institute under 
                subsection (a)(1), together with any real property and 
                improvements associated therewith, to one or more 
                entities identified under paragraph (2) and approved by 
                the committee established under paragraph (3) in 
                accordance with the provisions of such paragraph (3).
                    (B) Exception.--The Institute, with the concurrence 
                of the committee and in accordance with the terms and 
                conditions of subsection (b), may retain right, title, 
                and interest in and to the following lighthouses 
                conveyed to the Institute:
                            (i) Whitehead Island Light.
                            (ii) Deer Island Thorofare (Mark Island) 
                        Light.
            (2) Identification of eligible entities.--
                    (A) In general.--Subject to subparagraph (B), the 
                Institute shall identify entities eligible for the 
                conveyance of a lighthouse under this subsection. Such 
                entities shall include any department or agency of the 
                Federal Government, any department or agency of the 
                Government of the State of Maine, any local government 
                in that State, or any nonprofit corporation, 
                educational agency, or community development 
                organization that--
                            (i) is financially able to maintain the 
                        lighthouse (and any real property and 
                        improvements conveyed therewith) in accordance 
                        with the conditions set forth in subsection 
                        (b);
                            (ii) agrees to permit the inspections 
                        referred to in subsection (f); and
                            (iii) agrees to comply with the conditions 
                        set forth in subsection (b) and to have such 
                        conditions recorded with the deed of title to 
                        the lighthouse and any real property and 
                        improvements that may be conveyed therewith.
                    (B) Order of priority.--In identifying entities 
                eligible for the conveyance of a lighthouse under this 
                paragraph, the Institute shall give priority to 
                entities in the following order, which are also the 
                exclusive entities eligible for the conveyance of a 
                lighthouse under this section:
                            (i) Agencies of the Federal Government.
                            (ii) Entities of the Government of the 
                        State of Maine.
                            (iii) Entities of local governments in the 
                        State of Maine.
                            (iv) Nonprofit corporations, educational 
                        agencies, and community development 
                        organizations.
            (3) Selection of conveyees among eligible entities.--
                    (A) Committee.--
                            (i) In general.--There is hereby 
                        established a committee to be known as the 
                        Maine Lighthouse Selection Committee (in this 
                        paragraph referred to as the ``Committee'').
                            (ii) Membership.--The Committee shall 
                        consist of five members appointed by the 
                        Secretary as follows:
                                    (I) One member, who shall serve as 
                                the Chairman of the Committee, shall be 
                                appointed from among individuals 
                                recommended by the Governor of the 
                                State of Maine.
                                    (II) One member shall be the State 
                                Historic Preservation Officer of the 
                                State of Maine, with the consent of 
                                that official, or a designee of that 
                                official.
                                    (III) One member shall be appointed 
                                from among individuals recommended by 
                                State and local organizations in the 
                                State of Maine that are concerned with 
                                lighthouse preservation or maritime 
                                heritage matters.
                                    (IV) One member shall be appointed 
                                from among individuals recommended by 
                                officials of local governments of the 
                                municipalities in which the lighthouses 
                                referred to in subsection (a) are 
                                located.
                                    (V) One member shall be appointed 
                                from among individuals recommended by 
                                the Secretary of the Interior.
                            (iii) Appointment deadline.--The Secretary 
                        shall appoint the members of the Committee not 
                        later than 180 days after the date of the 
                        enactment of this Act.
                            (iv) Membership term.--
                                    (I) Members of the Committee shall 
                                serve for such terms not longer than 3 
                                years as the Secretary shall provide. 
                                The Secretary may stagger the terms of 
                                initial members of the Committee in 
                                order to ensure continuous activity by 
                                the Committee.
                                    (II) Any member of the Committee 
                                may serve after the expiration of the 
                                term of the member until a successor to 
                                the member is appointed. A vacancy in 
                                the Committee shall be filled in the 
                                same manner in which the original 
                                appointment was made.
                            (v) Voting.--The Committee shall act by an 
                        affirmative vote of a majority of the members 
                        of the Committee.
                    (B) Responsibilities.--
                            (i) In general.--The Committee shall--
                                    (I) review the entities identified 
                                by the Institute under paragraph (2) as 
                                entities eligible for the conveyance of 
                                a lighthouse; and
                                    (II) approve one such entity, or 
                                disapprove all such entities, as 
                                entities to which the Institute may 
                                make the conveyance of the lighthouse 
                                under this subsection.
                            (ii) Approval.--If the Committee approves 
                        an entity for the conveyance of a lighthouse, 
                        the Committee shall notify the Institute of 
                        such approval.
                            (iii) Disapproval.--If the Committee 
                        disapproves of the entities, the Committee 
                        shall notify the Institute and, subject to 
                        subsection (e)(2)(B), the Institute shall 
                        identify other entities eligible for the 
                        conveyance of the lighthouse under paragraph 
                        (2). The Committee shall review and approve or 
                        disapprove of entities identified pursuant to 
                        the preceding sentence in accordance with this 
                        subparagraph.
                    (C) Exemption from faca.--The Federal Advisory 
                Committee Act (5 U.S.C. App.) shall not apply to the 
                Committee, however, all meetings of the Committee shall 
                be open to the public and preceded by appropriate 
                public notice.
                    (D) Termination.--The Committee shall terminate 8 
                years from the date of the enactment of this Act.
            (4) Conveyance.--Upon notification under paragraph 
        (3)(B)(ii) of the approval of an entity for the conveyance of a 
        lighthouse under this subsection, the Institute shall, with the 
        consent of the entity, convey the lighthouse to the entity.
            (5) Responsibilities of conveyees.--Each entity to which 
        the Institute conveys a lighthouse under this subsection, or 
        any successor or assign of such entity in perpetuity, shall--
                    (A) use and maintain the lighthouse in accordance 
                with subsection (b) and have such terms and conditions 
                recorded with the deed of title to the lighthouse and 
                any real property conveyed therewith; and
                    (B) permit the inspections referred to in 
                subsection (f).
    (h) Description of Property.--The exact acreage and legal 
description of any lighthouse, and any real property and improvements 
associated therewith, conveyed under subsection (a) shall be determined 
by the Secretary.
    (i) Report.--Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter for the next 7 years, the 
Secretary shall submit to Congress a report on the conveyance of 
lighthouses under this section. The report shall include a description 
of the implementation of the provisions of this section, and the 
requirements arising under such provisions, in--
            (1) providing for the use and maintenance of the 
        lighthouses conveyed under this section in accordance with 
        subsection (b);
            (2) providing for public access to such lighthouses; and
            (3) achieving the conveyance of lighthouses to appropriate 
        entities under subsection (g).
    (j) Additional Terms and Conditions.--The Secretary may require any 
additional terms and conditions in connection with a conveyance under 
subsection (a) that the Secretary considers appropriate in order to 
protect the interests of the United States.
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